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THIS E-MAIL MAY CONTA1N PRIVILEGED ATTORNEY-CLIENT COMMUNICATION AND ATTORNEYWORK PRODUCT. DO NOT DISSEMINATE WITHOUT OGC APPROVAL.

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Sounds ok, but nothing was attached. Can you please send?

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We feel your pain. In the land of common sense, our rationale as no pace nd I will take this issue up with ourmanagement and try to get it resolved. If it makes you feel any better, this has happened to others recently - althoughin not as egregious situation as this.

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If we can't do this with this particular factual scenario, then I can't see a clearer one coming along. Common sense

doesn't always win.

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I. IAssIStant GeneraL Counsel

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___Iwell, I'm glad people paid attention to my presentation. I always think that people will tune out during the legalportion.

Anyway, you asked what legal authority is required td

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IFor that, you Willi I


~II am the former CDC iDnd I am currently assigneJ :pne of our agents just returned from some trainingwhere you gave some guidance r~ Fd our agent's notes weren't completely clear on whatyour guidance had been so I am reaching out to you c:ince I have been advised that lOU are the subject matter expert.Our new CDC is not really up on this matter from th~L- _

...---------------.Basically...the question in a nutshell is what legal authority is currently required tJ I

I have seen some things on thJ Ithat Suggest we alwavs ged Ibut it seems to me thadF======~=======~:::;;:;.L===""4lTl::!!il"'"hle"'='ot;"':h'=le""r;thr""il""ng""'":-rth ....iis....t:=tv..........Dle ....o;..;to..=rd~,e;r........l

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=Fr-o-m-:---....--=,..,...,........,....-..,.....,.,......,="..."...,."..,,,.,...F~~t IFridav March 13 2009 6'46 PM

Subject:

UNCLASSIFIEDNON·RECORD

« FiI~ Ihbn" «Filel ~OC» «FileDdOC·"

I know we've talked about this~beforebut not in a form,?l setting. I wanted to pass thiSIr-------~nto youbecause I hear you understan~ts we go through as case agents and are willing to help us out when we need it. 1don't even know if you can helo directly bllt at lerst you can look at :~i$.and get1feeling of how im ortant this is to allcase agents who work wit~ tyhich is almost all. __ _ases these days as ourrepresentative from your unit and now I hear he has left. I'm hoping at you cou awork with me on IS Issue ecause it isbigger than I can handle on my own.

a routme case.

I'll be in San Diego all next week but my UC is cc'd and I'll have my Blackberry. I think you should maybe come to ournext class May 13-15, and see what we're doing. It's good stuff and we could use someone to talk about legality. They'resupposed to let me know whenl land then we'll have 14 days to make comments. I'd like tomeet with you or at least have spoken with you by the 23rd when I get back, so J can start making our second response-tothe posting.

Thanks,

UNCLASSIFIED

UNCLASSIFIED

UNCLASSIFIE

UNCLASSIFIED

UNCLASSIFIED

3

To:

Subject:

Based on my rudimentary understanding o~ pnd the guidance we've been given from

DOJ and in turn disseminated to the field, etc., I agree with your response.

From:

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Please read the following and let me know if you agree with my response to the

**************************

You have asked whethel

The sim Ie answer to our

If ou are also seekin to

Please let me know if you need further information or if [ have failed to adequately answer your question.

1

h t t OEO (Off f, Offid t h I Th U S Atth tlkI tblNo pro em... e me nowwa can o 0 ep. e . . orney S Ice can a so reac ou 0 Ice 0

Enforcement Operations) at main DOJ if they want other go-by's. I have found OEO to be very helpful and your USA'soffice can reach out to them ifthey want DOJ, instead of FBI, guidance.

I II rFrom:

Sent: Friday, December 12 2008 3:48 PMTo:

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Subject: ISENSITIVE BUT UNCLASSIFIED b3NON-RECORD b6

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Thanks for getting back to me so quicklY: I appreciate your help, and I will probably need your gUidance as I discuss thiswith the U.S. Attorney's Office.

I II IFrom:

Sent: Friday, December 12, 2008 2:45 PMTo:

I I ISubject:

SENSITIVE BUT UNCLASSIFIEDi

NON-

I II have aone throuah some old materials and have attache~ IGood talkina to vou a few minutes aao.

I Pam happy to work With you -on thislanguage It you or tne AuSA needS aC1dltlonal Intormatlon.

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I hope you find this information helpful, and please do not hesitate to contact me should you have any additionalquestions.

IThanks.

IAsst. General CounselScience and Technology Law UnitFBIHQ!ROO~

IPRIVILEGED DEL/BERATIVE DOCUMENT - NOT FOR DISCLOSURE OUTSIDE THE FBI WITHOUT PRIOR OGC APPROVAL

SENSITIVE BUT UNCLASSIFIED


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uillbe in tomorrow and she may have more information on the issue.

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Does.this reconcile with what you have researched/worked on?. .

From:Sent: .To:Subject:

Iqpeii!", IICloG" 15 '!I'il-H_E_, _


This information. below, is a si nificant chan e if it is correct as this ruling dictates tha

Could you check on this or point me in the right direction and I will check for us??

I'---A"rs-s'""'is""":t:'""a-nt:""G:=:-e-neral Counsel

Science and Technology Law UnitOffice of the General CounselFederal8ureau of Investigation

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From:Sent:To:Cc:Subject:

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I work with!

Thanks

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II iust wanted to let vou know that the US attornevs office is statina that OEO

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From: I I~:~t' ray 071< 2008 2'09 jSubject: ~ .


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Thanks. Looking forward to seeing you presentation. October is filling up but November is open for me.

ASSISlal1 l Gel lei aJ CounselScience and Technology Law UnitOffice of the General Counsel

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Actually we finalized them last week and burnt a new CD, but in light of the new decisio~ Iwe have modifiedthe presentation once again. We are teaching a class tonight and I will get with my partner and get you are newestversion. Also, I did speak with our local Magistrate Judge regarding training in October; She recommended that weset the date(s) and they will try and get everyone there. So look at your calendar and come up with some dates thatwork for you in Oct/Nov.

From: 1---~~~t' (7'''' S-:j~b" 30 'j 9:25 AM

Subject: ~ __ .

UNCLASSIFIED.NON-RECORD

Did you ever finish this project? I would really like to see your slides.

-'"lrA~SS~I~st~a~nt~G"'e~n~e~rll CounselScience and Technology Law UnitOffice of the General CounselFeder . tion(Offil~ ~~

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From: I 11----.~~::ct, IJlNrslIay, bum 21.2008 3:13 PM

UNCLASSJFIEDNON-RECORD

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111 1st ",:ntpd fO send you a~ulck email ref our conversation last nighl I will send you via bumall a copy of our. . I will try to include the teaching points that we use when talking about the slides (some of the

shdes are se explanatory, but others need explanation). As soon as we fiqure out how to marry those two up, I Will

send it out. I am 'looking into conducting training for the US Dist Ct and the US Attys office sometime in October. I willlet you know if we get some P~lble dates I would !ilse to have you or someone from OCG give a short presentationregarding legal issues involvin

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_D_id_a_n_y_o_n_e_e_ve~~tJ_E_liJ_"'_"'.."_lL_I!J_"_lL_",_,._,,_r;;_It_"_"_l!_"_"_U<_lL_"'_l_1J._JJ_lf_U_",_Il_"'_dl_iJ!;...J low? We need to get this toR understand thereare a number 0 0

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Did you folks review aThanks,

raft? See below, and also please have someone answer the questions in the e-mail below.

Just wanted to follow-up on this issue and if oro had a chance to look at the draft sent overaddition

Cc:

reviewed the draft brief and form and had some additional questions about the technique. So here they are:

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51.... 1would think not, but please confirm.)

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Se, please pass thes1."estieo••0 Ie whemever en your side is mest familia' witJ IWs GaR't move forwardon getting approval ofl !Without more information about exactl~L.. ......I1

Thanks!


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Will do, thanks. WeIll be in touch.

I IASSistant General Counsel

From:Sent:To:Cc:,Subject:

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Attached is a write"up O'L.-":,,:,,,,:,~~_--:-_~-:--~~-:-:--~ -..,.....,.-__:--...,.!that I prepared -- using informationfrom a variety of sources. Would you please distribute it to the appropriate Ie within the FBI to (a) make sure thefacts are accurate; and (b) get answers to my 0 the court that willneed to be reviewed at our end. But getting th own will bemore than half the battle.

pdf»

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\OIednesda" Anri! 23 2008 11 ·25 AM

SENSITIVE BUT UNCLASSIFIEDNON-RECORD

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Have we made any progress on this issue from your side of the house? We may have a case or twothat we can consider. I propose we get together and hammer out the remaining legal issues. Let meknow what you guys think.

I IASSistant General Counsel

1'-----_SENSITIVE BUT UNCLASSIFIED

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Subject: FW

Here is the latest co...r-re-s-p-on-d-e-n-ce....loQ You ca~ see near the bottem of the e~ail chain, what questions remain forthe FBI to address.


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What's up ... Still haven't heard from OTD, lIve got a call in and will find out where they're at withthis. So I hear your Falcons are going to start the rookie? My Vikes should be solid, but all dependson "fragile toes" aka Tarvaris Jackson. Talk to you later.

I IIAssistant General COunsel


_It have taken over fori IDid you or OTD get a chance to get back to her on her questions below?Give me a call tomorrow if possible and lets discuss where we are on the questions below.

Thanks,


~

From:

~~:t: iREldoesda~ June 25, ,008 ':58 PM

Subject: ~

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Ireviewed the draft brief and form and had some additional questions abo~

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~o here they are: E

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6 I71~:---r---,r--'""n--l'~r----------....... ~I think we m~y beable to deal with thl1 I~~ayestjonson~~~

Thanks!

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.1IIalll\;;). be in touch.

ICounsel

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that willnwillbe

Thanks very much.

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Have we made any progress on this issue from your side of the house? We may have a case or twothat we can consider. I propose we get together and hammer out the remaining legal issues. Let meknow what you guys think.

I'--A-:-s-s""'is~ta-n~t~G=-e-n-e-ra-:-1"""C-o-un......lsel


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I don't have experience with this and can't ,e"!'v ahm advice beyoad readioa "ba.Bas left 'e'ioa Thepresentation I was looking at is available herEl[

L...- ..... These and other documents are available from this pag

PRIVILEGED DELIBERATIVE DOCUMENT - NOT FOR DfSCLOSUR

9QIITSIQE THE FBI WITfOUT PRIOR OGC APPROVAL

I LAssistant General Counsel, aGC STL "

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-----Original Me, IFrom,~::.:__~L:::i~~~::&iWi~~m:liiUJt:L --.Sen,.: Atlnllc;!" ")") ?007 7~07 PMTo:

ec: I ~i:'"""--""""Ew:f-------"l------------------------.JSubJect: FW:I IImportance: Hig''''"rn-------....


Do any of you have any thoughts on the below or prior experience with these issues, iOabsence?

Assistant General CounselScience and Technology Law Unit

~rce of the General COrSeJ

PRIVILEGED DELIBERATlVE DOCUMENT - NOT FOR DISCLOSURE OUTSIDE THE FBI WITHOUTPRIOR OGC APPROVAL

-----Original Mess.i"""~~ ---.From:se~.....................::::wiBm1:&i9iEE:ZZ:zmIZ:3"~ PMTo:

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Subject: REf _

UNCLASSIFIEDNONwRECORD

Thank you!

-----Original MeSSfoe-----

From: L"":":"':'"-:----:--:--"""":""'==""==-:'~..".,..,.JI:~~ ~nesday AII~!5t 22 2~--'I:54 PM

Subject: -, [

UNCLASSIFIED .NONwRECORD

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Running irHo more meetings....will take a look later this afternoon and hope to get back to you soon,IhonefUlly l tomorrow morning.

--A'l!"'s~s""ls""t""a""'nt""G""""'en""'e~r""'a""l c...."..JolnselScience and Technology Law Unit

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PRIVILEGED DELIBERATIVE DOCUMENT w NOT FOR DISCLOSURE OUTSIDE THE FBt WITHOUTPRIOR OGC APPROVAL

-·-·-Original MjFrom: 1-,-:':':--:---:_....:----:'-=='-='=~~Sent:To:Subject:


,----I nI sent the below message tUfor some legal assistance, but got her "out of office" reply. Wouldyou have time to address these questions?

Thanks,

-----Original MeFrom:Sent:To:Cc:Subject:


I"}or 1,),1';'< PM

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q Fefia",rv 08 2008 8·58 I\lIt1PSENSITIVE BUT UNCLASSIFIEDNON-RECOR

I have no idea.

ASSistant General coun1S~n wU~

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[ have seen this. but [ heard that it was never approved. uploaded. etc.. Do either of you know if it was approved?

~om: [~:~t: ~ay _ory n6 ,nor 3·15 PM

Subject: ~ .



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Office of the General COluns,elFedera.LElu.£.l~Laflml.es.tiapjtion

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From:sent:To:Cc:

UNCLASSIFlEDNON-RECORD b7

Thanks for taking the time to look into this. I re-read the e-mail fr.q.tIlL.CluU..l.S...!MI:!lI:.I:lJ~aJ:JJ:ii.u.si.:3.CJLaJ:ll.lJ.Cl1.JlU.ttiLu;l..JIl£io.lI.l~

in her mou h she stated: ...Althol.l h DOJ wants to take the 6siti6

Just wanted to pass this along as a trend that at least our US Attorneys office seems to be heading toward.

Fax:Cell:

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From:Sent: jr+"h"e II: '>I1I1Q :27 PM I

To:

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Subject:I

UNCLASSIFIED INON-RECORD I

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II will have to send this up to OGC for additional information. I haven't heard this from any other source. Thanks.

IAssistant General CounselScience and Technology Law UnitOffice of the General CounselFederJ:ll I:! , ,eo<:>, nf' tion(OffiM.J I

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I rFrom:Sent: ~nesda~ Odob" 15, 20DB 9:13 AM ITo: b3

Cc:Subject:

UNCLASSIFIED I cE

NON-RECORD

EJII work witrl II just wanted to let you know that the US attorneys office is stating that

Thanks

I IsJ I

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DeshFax:Cell:

I FFrom:

i:~" ~'''''"'''' 14, j 2:09 prSubject:


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From: I--~~~t: ~tember 30 2008 r9 PM

Subject: ~

UNCLASSIFIED

Thanks. Looking forward to seeing you presentation. October is filling up but November is open for me.

II.......::-A-ss...,i~st~a-nt~G=-e-n-e-ral Counsel

Science and Technology Law UnitOffice of the General CounselFederal Bureau of Investi ation(Offi........ ....J

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Actually we finalized them last week and burnt a new CD, but in light of the new decisionc=Jwe have modified thepresentation once again. We are teaching a class tonight and I will get with my partner and get you are newest version.Also, I did speak with our local Magistrate Judge regarding training in October. She recommended that we set the date(s)and they will try and get everyone there. So look at your calendar and come up with some dates that work for you inOct/Nov.

I~~=-:S~e~t~em~b~e~r3~O~2~O~08l:":9~:2ll'l"5 AMFrom:Sent:To:Subject:_. I


Did you ever finish this project? I would really like to see your slides.

Assistant General CounselScience and Technology Law UnitOffice of the General CounselFederal Bureau of Investi ation(Offic;flJ- .....

(Cell)

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Subject:

UNCLASSIFIED

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~ted to send you aquick email ref our cOl"lversationlast night. Iwill send you via bumail acopy ofcuBwill try to include the teaching points that we use when talking about the slides (some of the slides are self

exp ana ory, ut others need explanation). As saari as we fiqure out how to marry those two up. I will send it out. I amlooking into conducting training for the US Dist Ct and the US Attys office sometime in October. I will let you know if weget som . ne from OCG give a short presentation regarding legal issuesinvolvin

UNCLASSIFIED

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ALL T1Jlro'RMA'rTn.lJ LIJIYlAJ.l~lCJ.)

HEFEINDATE II--II.~-/.I"/ BY 65179/d:liIh/st-p/as

From:Sent:To:Cc:

Subject:


I sent the attached email aut in earlv November. rhis reflects aeneral Ded/eGC auidance as it went aut to all CDC's - Irecoaniz8 I

Also just Fyi it js my understanding that orp js workTg 0~L.. ......I

OGe Guidance1cerning Reque:

SectIon ChiefScience and Technology Law OfficeOffice of the-General Counsel

~%JVILEGED DEUBlTlVE DOCUMENT - NOT FOR DISCLOSURE OUTSIDE THE FBI WITHOUT PRIOR OGCAPPROVAL

From:Sent:To:Subjec~. "~,,


I Jplease review the below m:age from oneIISSAs. If there is a comprehensive OGC policy inregard tal Jease adVise. L--.JT

From:Sent: Wednesday, November 26,20081:15 PM

1

DATE 1l-OS2012 BY 65179/dmh/stp/as


Flag: Follow up


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I did have a n"Qc:Hl'\n

IIt j.::: nnt mA wh::'lt j.::: • I

Also. I'm concerned about th~ --, ...J

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To:Subject:

I am assuming there is no proble"m with this so I am going to go ahead and send it out.

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To:

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IIMrl /I.

NON-RECORD

DATE 11-05-2012 BY 65179/dmh/stp/as

era,,, "'Wlls! W ZODS 'O"jl-"_fi_O

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I r=-P.;.;;le;.;;;a;.;;;;s.,e seDwrite-up about this matter below, which I reviewed i~ ~bsence. I agree with

I lassessment that there does not seem to be anything else for OGe to do regarding this matter

right now.

Please let

I

or me know if you have any questions or would like us to take any further action.

-From:---II ~~t' f";rsdID' A,WI'" 07 71ll1ll"~SAM ISubject: ~ JUNCLASSIFIEDNON-RECORD

did not get the opportu~ty to reid/take action on this yesterday. He asked that I forward it to you for your review'--:a:'::n"::Ta"l:'l!.tat you then pass it on t in case she had any questions.

Thanks.

I I-Fr-o-m-:---I IEea, ::;0_" Auaust 06, 2008'2UNCLASSIFIEDNON-RECORD

1

~.~~-----------------------

Thanks,

I_IFrom:Sent:To:Subject:

IIMf'1

I Mnnrl,,\1 1I",,",,~ n<1 .,nnQ <1.1 Q DM II 1

NON-RECORD

No, he did not raise this issue with me. Is there anything you would like me to do?

oFrom: I I I~~~~: l'*""Va\l A!la,,"~ n<1 2n08 d·n?~

Subject: ~ JImportance: HighL....--------


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EQShar. anything aboot this with you? Please advise.

-Fr-o-m-:~--1I~~..,..-..,..._,.....,...,.."..,...,.."....,..."..,,....,,.,.,Jr;:'" L:'" A1n"st M",,, •.,,~

Subject: FWl IUNCLASSIFIEDNON-RECORD

Where do we stand on the auidance related tl

IL....--_--lSection ChiefScience and Technology Law OfficeOffice of the General CounselHot I

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bbl IPRIVILEGED DELlBERATlVE DOCUMENT - NOT FOR DISCLOSURE OUTSIDE THE FBI WITHOUT PRIOR OGCAPPROVAL

-From:-----11 ISent: Friday, August 01, 2008 7:45 PM

3

To: ~Cc: r--------Subject: FW 1----1...-_-----UNCLASSIFIEDNON-RECORD

FYI. Did you know about this kerfluffle?



I don't see you on this and thought you ought to at least know about the chatter. My understanding is that there isproposed policy in the AGG Implementation Guide that discusses the issue but I haven't seen it.

I IHead, Office of Integrity and ComplianceFBI Deputy Designated Agency Ethics Official

ole vveopagel I I b 7 E

From:Sent:To:

Cc:

Subject:

~~=~~~IFrida Au ust 01 2008 2:23 PM

UNCLASSIFIENON-RECORD

/L:JtOry as I understand it. I haven't spoken t( yet, but I understand that the acting ASAG has spoken tothis morning.

A fl'>\M . ~no theI I

As I thought. it doesn't sound like any effort was made by th1I I '------------

1'-------------------------4

IHope that helps,

Jttlr.P. ntI

~nri ompliance

Learn about the ole a~This communication may be Privileged or otherwise Deliberative, and should not be disseminated outside of the FBI

.without the concurrence of OGC.

="Fr-o-m-:----II~~---~----....JSent:To:

Cc:

Subject: RE:

UNCLASSIFIEDNON-RECORD b6

c=JI believe you are referring to a paper b~ who was in OGC at the time.Doyou have (or recall) such aU I I

From:Sent: Frida Au ust 01 2008 10:13 AMTo:

Cc:

SUbject: R


All - we need to get back to the Staffer on thisD· this has been a recurring issue for years with us and I remembera white a er that was done that addressed our concerns. I am fairl certain it was an OTD document. Could you havesomeone see if that rings a bell?

CJFrom:Sent:To:Cc:

Subject:


I 1 20084:59 PM

From:Sent:To:- ..

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Hey there legal beagle expert on all techie matters. [s the below still correct to

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best of your knowledge as it

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TEllS E-MAIL MAY CONTAIN PRIVILEGED ATTORNEY-CLIENT COMMUNICATION AND ATTORNEYWORK PRODUCT. DO NOT DISSEMINATE WITHOUT OGC APPROVAL.

(3) Classification: S-E~//NOFOL...::::,.,..-----I

(3)

2

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(S)Classification: .~/NOFORN, I

Q~;~~By: CIIW58B9Declassify 0 . 06

From: 'FBI NSISC-2======================================================

(S) I I

If we can't do this with this particular factual scenario, then I can't see a clearer one coming along. Common sensedoesn't always win.

(S) Classification: S~/NOFO

Clas .. By: F36M55K50Declassify 0 . 06D rom: FBI NSIsc-,m~nk

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======================================================

(S) I1...-_-------------------------------_---1J I

Assistant General Counsel

From1 ISent: Tuesday, December 06, 2011 3:34 PM

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(S~ Classifieation: '~TIINOFOOClas . . d By: J71J92TDeclassify 0 . 1209D From: FBI NSIS -======================================================

i (S)

THIS E-MAIL MAY CONTAIN PRIVILEGED ATTORNEY-CLIENT COMMUNlCATION AND ATTORNEYWORK PRODUCT. DO NOT DlSSEMlNATE WITHOUT OGC APPROVAL.

L_J

(S)

~ ISe • -;::-:-~-:=:-~e--'-b-er~0~9"""2=0~1""1.....2:.....12.........PM,.,...-Tocc~---.....r------_...l-....,

SObject:

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(S) Classification:

======================================================

Sounds ok, but nothi~ttached.Can you please send?

S~T

2

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