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Notice

U.S. D e p a r t m e n t o f J u s t i c e

To:

Division:

Files Unit

of Closed

Files

Criminal

** YOU ARE ADVISED THAT THE F I L E DESCRIBED BELOW HAS BEEN CLOSED **
F i l e Number:

Case T i t l e :

Date C l o s e d

186-16-2367

ENSIGN, JOHN

06/12/2012

Remarks/Special

Information:

PI
Previous E d i t i o n

Form

Obsolete

Form
0

From:
Sent:
To:
Subject:

Thanks

@novemberinc.com]
Friday, December
2008 9:25 A M
(Ensign)'
RE: Draft

really appreciate it. The sadness to this issue is t h e i n t e r c o n n e c t

line transmission is tied up in this

Company is interested in moving- on at this

d r a f t and is really all

They.realizethat

Plants a.

p a r t of it is on hold f o r s o m e t i m e (not to m e n t i o n impossible t o g e t financing) but DOI is really h u r t i n g Nevada and it's
ability t o move (an aspect of this t h a t even
passing along this part

really wants) f o r w a r d on

t h e North and South. Maybe

message would be helpful.

(Ensign)
S e n t : Friday, December 12, 2008 9:18 AM
To:
S u b j e c t : RE: Draft EIS
Hi

have been p o u n d i n g Interior and can't figure out w h y this hasn't come

calling

t o p guy

said it w o u l d . I've been

w i t h no luck. I'll call again t o d a y .

U.S. Senator John Ensign (R-Nev.)


119 Russell Senate Office Building
Washington; D.C.
(202)
(202) 228-1699 fax

'

UP FOR ENSIGN'S WEEKLY UPDATE

From:
S e n t : Friday, December 12, 2008 12:16
To:

(Ensign)

S u b j e c t : Draft EIS
John,
Hate t o bring y o u back in t h e loop o n this....certainly no fault of
Can y o u shed some light or h o p e t h a t this is

but still no release on this request f r o m DOI.

happen?

November
Cell (702)
novemberinc.com

..........

From:
Sent:
To:
Subject:

nvensign@
Friday, May 23, 2008 6:03 PM
Fw:

I t h i n k y o u have p l a y e d g o l f w i t h him. T h i s i s who I met w i t h


From:
To: Ensign
John
Sent: May
2008 6:18 PM
Subject:

- O r i g i n a l Message-

John
Thanks a g a i n f o r
with
and
I t s always good t o speak w i t h
We a r e e x c i t e d
about t h e a s s i s t a n c e t h a t you and your s t a f f may be a b l e t o g i v e us i n regards t o t h e
B i o d i e s e l and o u r p r o p e r t i e s s o u t h o f Sloan.
Give me t h e i n f o r m a t i o n r e g a r d i n g next weeks f u n d r a i s i n g and we w i l l c e r t a i n l y a t t e n d .
Thanks a g a i n

P2SA E q u i t y , LLC
702
702

Sent v i a B l a c k B e r r y by AT&T

',

From:
Sent:
To:
Subject:

nvensign@
Friday, May 23, 2008 6:03 PM
Fw:

I t h i n k you have played g o l f w i t h him. T h i s i s who I met w i t h To:

Ensign

John

, .,

Sent: May 23, 2008 6:18 PM


Subject:

'

John
Thanks a g a i n f o r meeting
and I .
always good t o
about t h e a s s i s t a n c e t h a t you and your s t a f f may be able t o g i v e us i n regards t o t h e
B i o d i e s e l and o u r p r o p e r t i e s south o f S l o a n .

we w i l l c e r t a i n l y a t t e n d .

fiKi

.
P2SA E q u i t y , LLC

Sent v i a B l a c k B e r r y by AT&T

fr

(Ensign)
From:

Sent:

Tuesday, February

2008 9:38 AM

To:

Subject:

2008

Sent v i a BlackBerry by AT&T


Original
From:

"

Date: Tue, 26 Feb 2008


"
Subject: November I n c 2008

Here i s an estimate o f what i t w i l l cost t o make November I n c o p e r a t i o n a l per month. The


company has an a d d i t i o n a l $1,800 i n expenses each month t h a t we have accounted f o r outside o f
t h i s l i s t . They are expenses t h a t we are paying already and have set aside money f o r .
I t h i n k t h i s i s more than doable.
we get you set up.

Health Care i s t o o low I believe but we

know u n t i l

We w i l l also have some s t a r t up costs i n Computer equipment and business

A d d i t i o n a l Monthly Expense - new employee


14,583.33 Salary ($175,000/year)
1,300.00 Employee
taxes
300.00 Health insurance - depends on age/sex
2,400.00 Rent on
house
200.00 C e l l phone/Blackberry
200.00 Internet/Phone
300.00
19,283.33

- o f f i c e s u p p l i e s , s e c u r i t y , cleaning e t c .
TOTAL (each month)

rt**

fa^oo

(Ensign)
From:
Sent:
To:

Tuesday, February 26, 2008 9:38 AM


(Ensign)
2008

Sent v i a

by AT&T
.

From: "
Date: Tue, '26 Feb
Toxd
November Inc 2008

Here i s an e s t i m a t e o f what i t w i l l c o s t t o make November I n c o p e r a t i o n a l p e r month The


company has an a d d i t i o n a l
i n expenses each month t h a t we have accounted f o r o u t s i d e o f
t h i s l i s t . 'They are expenses t h a t we a r e paying a l r e a d y and have setmoney f o r . '
I t h i n k t h i s i s more t h a n doable.
H e a l t h Care i s t o o low I b e l i e v e b u t we won't know u n t i l
we g e t you s e t up. We w i l l a l s o have some s t a r t up costs i n Computer
business
cards...
, ' '
'.
'
.

A d d i t i o n a l Monthly

- new employee

1,300.00 Employee p a y r o l l t a x e s
H e a l t h insurance - depends on
Rent on
house
C e l l phone/Blackberry
Internet/Phone
.
300.00 Other
- o f f i c e supplies,
19,283.33

" .'

TOTAL (each month)

2?

|
mo

3oo

fyVU0u

From:
Sent:
To:
Subject:

28, 2008 12:54 PM


RE: Hey man

Spoke with
might need

help.

i n t o energy s t u f f i n r u r a l NV possibly and


Never as easy as he thinks but they might be a solid prospect.

You have him a b i t r a t t l e d I t h i n k .


called him back.
|?

When can we come see

He has asked me yesterday and today why you haven't

Friday?

Original
From:
PM

n
doing a l i t t l e better s t i l l i n quite a b i t of pain
Yesterday was j u s t
s h a l l see.

hard read they

-----Original
From:
Sent: Wednesday, May 28, 2008 8:06 AM
To:
Subject: Hey man
How
How did i t go yesterday?

l i k e t o discuss and get back with me, so we

Fw: Our Next Venture


to:

12/14/2008 04:09 PM

This will go out tomorrow.


Looking

to seeing you guys tonight.

From;
To:
CC:
Sent: Sun Dec 14
2008
Subject: Our Next Venture
Li

r <http://www.novemberi

nc.com>

M
r r Inc. is announci
ng the partnership of
and
in the re-launch of the Nevada-based firm. All three partners are completing their service
in senior positions at the National Republican Senatorial Committee, chaired by Senator John Ensign.
November Inc. will focus on providing strategic planning and creative media for political campaigns and corporate
clients, as well as a wide array of national fundraising services. In addition, November Inc.
provide
comprehensive federal government affairs services for clients throughout the west.
November Inc. will have offices located in Las Vegas and Reno, Nevada, as well as maintain a presence in the
nation's
former Administrative Assistant to Senator John Ensign and former executive at Siena Pacific
Resources will remain of counsel to November Inc.
The company is proud to announce three new members
team as well,
former Majority Makers
Director from the NRSC as
as a veteran
Republican Governor's Association and the Republican National
Committee;
another key hand from the fundraising department at the NRSC as well as the
for
President Campaign; and
the chief internet strategist at the NRSC.

November
P.O. Box
Las Vegas, NV
4790 Caughlin Pkwy., #757 | Reno, NV

Message from "


Subject
:

Telephone (702) 304-1414


Telephone (775) 636-6199

nrsc.org> on Thu,

Dec 2008

-0500

Law.

] -'
United

Department of

Y-.

'/'".'.

.'

Y'

. Public Integrity
1400
York Avenue, N.W, ";'
Washington,

Dear Ms.

Ensign

:
.

'

Y
' '

.".V:

.
: :.

_''

Y.

: .: . .. This \viil confirm our conversation wherein I informed you


.]'
V'. have both
waive the marital privilege
office
other
contain infonnation that arguably would
purview of
I
fully discussed this issue with both
and
advised them of their marital
rights. 1
also advised
of
of
seek
prior td making
and both
to Waive the
privilege
seeking further
It appears
they
fuUy
the
privilege and
ramifications of the waiver and
agreed to the waiver to allow you to
.
Y.
..
;
further your
]. . If you

immediately.

; .

PI ACTS Declination Sheet for

Close

Page 1 of 3

Ensign

Powered by:

Print View

7/9/2012

CRIMINAL DIVISION
PI ACTS Declination Sheet
View

ACTS#: 20100266

Date Submitted: 5/12/2012


Title: John Ensign

CASE RESPONSIBILITY

AGENCY CONCURS?

SOLE

YES

SHARED w/ USAO

NO

DISTRICT:
D.C.
STATUTES:

Attorney(s) Assigned
Insert Additional Attorney

Subject(s)

Agency and Title Related Investigations

John Ensign

Former

Insert Additional Subject

Declination Analysis:
See attached,

Add Supporting Documents


Ensign Declination
108.4 KB
Ensign Declination
65.25 KB
Attach document

PI ACTS Declination Sheet for

of 3

Ensign

P r i m a r y R e a s o n for I m m e d i a t e Declination:

AGENCY INFORMATION
If this is a
in which we are sharing responsibility or in which we are reviewing or
monitoring a matter within a U.S. Attorney's Office,
in this block:
DISTRICT:
D.C.
TELEPHONE # :

AUSA NAME:

If this is a case in which we have substantive responsibility for the investigation and
prosecution, fill in the following blocks:
LEAD AGENCY:
FBI
AGENT NAME:

FILE #:
TELEPHONE # :
fr(c
.

AGENCY:
SECONDARY AGENT NAME:

FILE #:
TELEPHONE # :

SUPERVISOR NOTES:

7/9/2012

PI ACTS Declination Sheet for fohn Ensign

Page 3 of 3

FOR ADMIN USE ONLY


ROUTING

Request for Approval


Requesting Attorney

Thru:
Raymond Hulser, Principal Deputy
Principal Deputy Attorney

Jack Smith, Section Chief


Section Chief

Thru:
ACTS Coordinator

Reviewed

Date: 7/9/2012

ACTS Coordinator

Date Of Request

Details Of Changes

Requested By

5/12/2012

Add New Change

USDOJ/CRM
Form
02/13/08
Close

Print View

U.S. Department of Justice


Division

Washington, D.C. 20530

Via Hand Delivery

Federal Public Defender for the District of Columbia


625 Indiana Ave. N.W.
Washington D.C. 20004
th)
United States
Criminal Number:

ftt
n}

Pursuant to Rule
Federal Rules of Criminal Procedure, consistent with
discovery obligations under Brady v. Maryland,. 373 U.S. 83
and United States v. Giglio.
405 U.S.
(1972), and their progeny, we are enclosing three items which constitute the
government's initial discovery production in this case. We are copying additional materials and
will provide those additional
as soon as they are available.
Specifically, this production includes:
ffCc)

1 - Documents referenced in the Indictment.


2.

- "HOT DOCS" - Documents that appear to he most


the charges in this case. Note: These are a subset of the entire discovery
production.

'

3.

4.
interview

- A downloaded copy of a television broadcast of an


defendant aired on the program
to Face"

'

5.

the defendant aired

copy of a recorded television broadcast of an inter


the program

of

Further, please be advised that, as of this date, no expert witness or


has been
consulted or retained for the
of providing expert testimony during the governments'
Should this decision change, we will notify you in writing of such a development and comply
with
disclosure rules and court deadlines relating to the presentation of expert testimony.
Having provided these materials to you pursuant to Rule
the United States
hereby requests reciprocal discovery pursuant to Rules 16(b), 12.1, and 12.2. Specifically, the
United States requests that the defendant provide reciprocal discovery of documents, tangible
the results of examinations or tests, and a written summary of the testimony of any
expert witness that the defendant intends to use, as required by Rule 16(b)(l)(A)-(C). The
United States further requests, pursuant to Rule 12.1, written notice of the defendant's intention
to offer an alibi defense. For purposes of this request, the United States incorporates herein the
dates, times, and places specified in the March 24,
hrdictment returned in this matter. The
United States further requests, pursuant to Rule 12.2, notice of the defendant's intention to
expert testimony relating to any mental condition bearing on the issue of guilt.
To confirm your receipt
receipt and return the same to:

enclosed discovery materials, please execute the attached

Trial Attorney
Puhlic
Section
Criminal Division
U.S. Department of Justice
1400 New York Ave., NW - 12th Floor
Washington, DC 20005
Fax:(212)514-3003

ft()

I f you have any questions, or would like to discuss the enclosed discovery packet, please feel free
to contact us at
Thank you for your cooperation in this matter.

Sincerely,

SMITH
Chief
Public Integrity Section

By:

RONALD
MACHEN
United States Attorney
District of Columbia

By:

Trial Attorneys
Public Integrity Section
1400 New York Avenue, N.W.
Washington, D.C. 20005
(202) 514-1412

Enclosures

Fraud and Public Cormption Section


District of Columbia
Fourth Street, N.W.
Washington, D.C. 20005

From:
Sent:
To:
Subject:

@novemberinc.com]
Friday, D e c e m b e r 05, 2 0 0 8
PM
Update

Forwarded by D
From:
To:
Date:
Subject:

12/05/2008 12:55 PM -
(Ensign)"

@ensign.senate.gov>
@allegiantair.com>

AM
RE: Ely Energy Center Draft EIS

W e t h o u g h t it w o u l d be o u t by n o w - DOI seemed ready t o go.


From:
[mailto
S e n t : Friday, December
2008 9:45 AM
To:
(Ensign)
S u b j e c t : Re: Ely Energy Center Draft EIS

November
Cell (702)

Inc.

@allegiantair.com]

a m sure t h e y are g e t t i n g pressure f r o m

office,

From:
Sent:
To:
Subject:

Friday, December 05, 2008 12:57 PM


Update E I S

Forwarded by D
From:
To:
Date:
Subject:

legiantair on

PM -

(Ensign)
12/05/2008
A
RE: Ely Energy Center Draft EIS

W e t h o u g h t it w o u l d be o u t by n o w - DOI s e e m e d ready t o g o .
From;
[mailto
S e n t : Friday, December
2008 9:45 AM
To:
(Ensign)
S u b j e c t : Re: Ely Energy Center Draft EIS

November
Cell (702)

Inc.

@allegiantair.com]

sure they are g e t t i n g pressure f r o m

office.

to)
From:
Sent:
To:
Subject:

Friday, December

2008 12:57 PM

Updat

Forwarded by

/allegiantair on

PM

To:
Date:
Subject:

@allegiantair.com>
12/05/2008 11:04 AM
RE: Ely Energy Center Draft

We thought it would be

now - DOI seemed ready to go,

From:
S e n t : Friday, December 05, 2008 9:45 AM
To:
(Ensign)
S u b j e c t : Re: Ely Energy Center Draft EIS

November
Cell

Inc.

am sure they are getting pressure from

office,

Email Addresses
John

Nevada
(there is an

")

nvensign

(there is an _ character after the

(there is an _ character after the

(there is an _ character after the

(there is an _ character after the

NVEnergy

Allegiant Air
(

(
November Inc.

at November Inc.)

National Republican Senatorial Committee

reporting directly to John Ensign)

personal assistant)
(

Inc.)

at NRSC later joined November

Citizens for Responsibility and Ethics in Washington v. United States


Department of Justice, Civil Action No. 12-01491 (JDB) (D.D.C)
Criminal Divisions First Vaughn Index
Acronyms/Abbreviations Used in this Index:
WIF=Withheld in Full.
RIP=Released in Part.
LTR=Letter.
TC=Telephone Call.
EC=E-mail.
DOJ=U.S. Department of Justice.
CRM=Criminal Division.
PI=Public Integrity Section (CRM).
OLA=Office of Legislative Affairs.
AG=Attorney General.
AAG=Assistant Attorney General
DAAG=Deputy Assistant Attorney General.
Trial Atty=Trial Attorney.
AUSA=Assistant United States Attorney.
EOUSA=Executive Office of United States Attorneys.
FBI=Federal Bureau of Investigation.
SA=Special Agent.
ACTS=Automated Case Tracking System.
DC=District of Columbia.
IRS=Internal Revenue Service.
DOT=U.S. Department of Transportation.
Individuals/Entities Identified in this Index:
Ensign=U.S. Senator John Ensign of Nevada.
JE=U.S. Senator John Ensign of Nevada.
Fred Schwartz= (Ensign), a/k/a U.S. Senator John Ensign of Nevada.
Elmer Johnson= (Ensign) [[ ]_Ensign@ensign.senate.gov], a/k/a U.S. Senator John Ensign of Nevada.
congressnv@[ ]=a/k/a, U.S. Senator John Ensign of Nevada [This email account was also used by other members of the Ensign family].
nvensign@[ ]=a/k/a, U.S. Senator John Ensign of Nevada.
[ ] =Names of Third Parties Merely Mentioned.
FOIA Exemptions:
(b) 5 DPP=Exemption (b) (5), Deliberative Process Privilege.
(b) 5 AWP=Exemption (b) (5), Attorney Work Product.
(b) 5 ACP=Exemption (b) (5), Attorney-Client Privilege.
(b) 6=Unwarranted Invasion of Personal Privacy.
(b) 7(C)=Records and information compiled for law enforcement purposes that could reasonably be expected to constitute an unwarranted
invasion of personal privacy.

ID: Reference
Number.

Author(s).

Recipient(s).

Date(s).

Title and/or Document


Description.

CRM 1.
[PI banker box no.
1].

[ ], PI ACTS
Coordinator.

To: Files Unit.

06/12/2012.

CRM 2.
[PI banker box no.
1].

[ ], PI Trial
Atty.

Raymond
Hulser, PI
Principal
Deputy Atty
for Litigation;
Jack Smith, PI
Section Chief;
[ ], PI ACTS
Coordinator.

Date Submitted:
5/12/2012.

U.S. Department of Justice


Notice of Closed Files.
Subject: [Form OBD-25];
Division: Criminal; File Number
186-16-2367; Case Title:
ENSIGN, JOHN ET AL. (ACT #
20100266).
Description: This document
performs the function of a file
cover sheet and further identifies
the underlying Ensign case file as
being closed.
Basis for withholding: (b) 6 &
(b) 7(C): This document has been
withheld in part to protect the
personal privacy interests of a PI
administrative staff employee.
The release of this information
would not serve any identifiable
public interest.
[1-pg].
PI - ACTS Declination Sheet for
John Ensign 20100266.
Subject: [USDOJ/CRM, Form
PI-2, 02/13/08]; ACTS #
20100266; Title: John Ensign.
Description: This document is a
DOJ internal tracking form used
to identify or describe a particular
investigation and/or case, i.e.,
venue, potential criminal
violations and statutes violated,
assigned attorney(s), declination
analysis, supporting documents,
primary reason(s) for immediate
declination, agency information,
supervisory notes and routing.
Basis for withholding: (b) 5
(DPP). The information contained
in this document is deliberative
because it includes pre-decisional
material that was compiled to
assist policy-makers in reaching a
decision as to whether to
prosecute Sen. Ensign and
because it reflects the give-andtake process by which the
government reached that decision.
The declination sheet, for
example, includes factual
information and subjective
analysis, in the form of the
primary reason for immediate
declination. Disclosure of this
deliberative material could likely
chill the open sharing of thoughts
and impressions of ongoing
criminal prosecutions. Disclosure
is also likely to confuse the public
about the final basis for the
decision not to prosecute Sen.
Ensign.
Basis for withholding: (b) 6 &
(b) 7(C). The document is also
being withheld in part to protect
the personal privacy interests of
several PI section employees, an

FOIA
Exemption
No.
The name(s)
and personal
information
of a lowerlevel DOJ
employee(s)
have been
redacted
under (b) 6
& (b) 7(C).

(b) 5 (DPP).
The name(s)
and personal
information
of lowerlevel DOJ
employees
have been
redacted
under (b) 6
& (b) 7(C).

WIF

RIP

ID: Reference
Number.

CRM 3 (a) & (b).


[PI banker box no.
1].

Author(s).

Recipient(s).

[ ], PI
Deputy
Chief.

Jack Smith, PI
Section Chief.

[ ], [ ],
PI Trial
Attys.

Jack Smith, PI
Section Chief;
Raymond
Hulser,
Principal
Deputy Atty
for Litigation;
[ ], PI Deputy
Chief.

Date(s).

May 7, 2012;
March 7, 2011.

Title and/or Document


Description.
AUSA and the FBI case agent.
The release of this information
would not serve any identifiable
public interest.
[3-pages].
MEMORANDUM [Declination
Memo].
Subject: Recommendation to
Decline Prosecution of Former
Senator John Ensign [Footnote
1].
Description: This document is a
Declination Memo setting forth
the detailed reasoning behind
DOJs decision to non-prosecute
Sen. John Ensign.
Basis for withholding: (b) 5
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist policy-makers
in reaching a decision as to
whether to prosecute Sen. Ensign
and because it reflects the giveand-take process by which the
government made that decision.
The Declination Memo, for
example, includes factual
information and subjective
analysis, in the form of the
primary reasons for immediate
declination. Disclosure of this
deliberative material could likely
chill the open sharing of thoughts
and impressions of ongoing
criminal prosecutions. Disclosure
is also likely to confuse the public
about the final basis for the
decision not to prosecute Sen.
Ensign.
Basis for withholding: (b) 6 and
(b) 7(C). This document is also
being withheld in full to protect
the personal privacy interests of
several PI attorneys and third
party individual(s). Revealing the
names and personal information
of the PI attorneys or third parties,
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[6-pages].
PROSECUTION
MEMORANDUM.
Subject: Memorandum
Recommending Prosecution as to
[ ] and [ ], Declination as to John
Ensign.
Description: This document is a
Prosecution Memo setting forth
the detailed reasoning behind
DOJs decision recommending
the prosecution/indictment of [ ]
and [ ], and further declining the
prosecution of Sen. Ensign.

FOIA
Exemption
No.

(b) 3 (Grand
Jury
material), (b)
5 (AWP) &
(DPP).
The name(s)
and personal
information
of lowerlevel DOJ
employees
and third
party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

WIF

RIP

ID: Reference
Number.

Author(s).

Recipient(s).

Date(s).

Title and/or Document


Description.
Basis for withholding: (b) 3
(Grand Jury material).
Basis for withholding: (b) 5
(AWP). This document
constitutes AWP because it was
created in anticipation of
supervisory approval by DOJ
managers of a recommendation to
indict several individuals, as well
as the approval by PI managers to
decline to prosecute Sen. Ensign.
The document contains legal
theories and factual information
that was compiled by PI Trial
Attorneys during the investigation
and possible criminal prosecution
of Sen. Ensign and its release
would reveal the mental
impressions and legal strategies of
the attorneys involved in the case.
For example, the document
contains a list of the statutes that
may be used in any possible
criminal prosecution, and
revelation of that information
would improperly disclose the
attorneys legal strategy.
Basis for withholding: (b) 5
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist policy-makers
in reaching a decision as to
whether to prosecute Sen. Ensign
and because it reflects the giveand-take process by which the
government reached that decision.
The declination memo, for
example, includes factual
information and subjective
analysis, in the form of the
primary reason for immediate
declination. Disclosure of this
deliberative material could likely
chill the open sharing of thoughts
and impressions of ongoing
criminal prosecutions. Disclosure
is also likely to confuse the public
about the final basis for the
decision not to prosecute Sen.
Ensign.
Basis for withholding: (b) 6 and
(b) 7(C). This document has also
been withheld in full to protect the
personal privacy interests of
several PI employees and third
party individual(s). Revealing the
names and personal information
of these PI employees and third
parties, who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest. Finally, page 1 of
the Prosecution Memo contains a
banner reading:
CONFIDENTIAL []

FOIA
Exemption
No.

WIF

RIP

ID: Reference
Number.

Author(s).

Recipient(s).

Date(s).

Title and/or Document


Description.

FOIA
Exemption
No.

WIF

RIP

ATTORNEY WORK
PRODUCT [] CONTAINS 6(e)
MATERIAL.
[48-pages].
CRM 4.
[PI banker box no.
1].

Unknown.

CRM 5.
[PI banker box no.
1].

[ ], PI Trial
Atty; [ ],
AUSA, DC.

Unknown.

[ ], Esq.,
Federal Public
Defender for
DC.

10/23/2009.

April 4, 2011.

ACTS OPENING SHEET.


Subject: [USDOJ/CRM, Form
PI-1, 4/8//2009]; TITLE: U.S. v.
Ensign.
Description: This document is
an internal DOJ tracking form
used to identify a particular case,
i.e., criminal allegations and
federal statutes that may have
been violated, case responsibility,
statute of limitations expiration
date, attorney(s) assigned,
subject(s), case synopsis, agency
information and attorney conflict
of interest form.
Basis for withholding: (b) 5
(AWP). This document
constitutes AWP because it was
created in anticipation of litigation
involving Sen. Ensign. The
document contains factual
information that was compiled by
PI Trial Attorneys for the
investigation and possible
criminal prosecution and its
release would reveal the mental
impressions and legal strategies of
the attorneys involved in the case.
For example, the document
contains a list of the statutes that
may be used in any possible
criminal prosecution, and
revelation of that information
would improperly disclose the
attorneys legal strategy.
Basis for withholding: (b) 6 &
(b) 7(C). The document is also
being withheld to protect the
personal privacy interests of [ ], a
PI Trial Atty. and the names and
personal information of third
party individuals. Revealing the
names and personal information
of a lower- level government
employee and third parties, who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[4-pages; 2 copies].

(b) 5 (AWP).

LTR.
Subject: Re: United States v.
[ ] Criminal Number: 11085(BAH).
Description: This document
references documents produced
by Sen. Ensign to the government
during the criminal investigation.
Basis for withholding: (b) 3
(Grand Jury materials), (b) 6 &
(b) 7(C): This document is being

(b) 3 (Grand
Jury.

The name(s)
and personal
information
of lowerlevel DOJ
employees
and third
party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

The name(s)
and personal
information
of lowerlevel DOJ
employees
and third
party

ID: Reference
Number.

CRM 6.
[PI banker box no.
1].

Author(s).

Unidentified
PI Trial Atty.

Recipient(s).

Unidentified
PI Trial Atty.

Date(s).

10/14/--;
11/6/--.

Title and/or Document


Description.
withheld in part to protect the
personal privacy interests of [ ], a
PI Trial Atty. and the names and
personal information of third
party individuals. Revealing the
names and personal information
of a government employees and
third parties, who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[3-pages].
Notes.
Subject: Untitled.
Description: The notes are not
attributed however they are
consistent with records prepared
by an unidentified PI Trial
Attorney in connection with the
Ensign investigation. The notes
contain multiple references to
Ensign. The notes also contain
information involving case
strategy as well as case specific
references to certain evidence and
witnesses.
Basis for withholding: (b) 5
(AWP). This document
constitutes AWP because it was
created in anticipation of the
possible criminal prosecution of
Sen. Ensign. The document
contains subjective legal analysis
by an unidentified PI Trial Atty.
involved in the investigation.
Release of this document would
reveal the authoring attorneys
mental impressions and legal
theories. For example, the
document discusses strategies for
obtaining possible evidence
related to the investigation.
Basis for withholding: (b) 5
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist
government attorneys in reaching
a decision of whether to prosecute
Sen. Ensign and because it
reflects the give-and-take by
which the government made that
decision. The handwritten notes
contain factual information and
subjective analysis intended to
inform a final decision as to
whether to prosecute Sen. Ensign.
Disclosure of this material is
likely to discourage government
employees from keeping records
of conversations or mental
impressions related to evidence or
witnesses. Disclosure would also
likely confuse the public as to the
final basis for the decision not to
prosecute, as some of the
evidence described in the notes

FOIA
Exemption
No.
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

WIF

(b) 5 (AWP)
& (DPP).

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

RIP

ID: Reference
Number.

CRM 7 (a), (b) &


(c).
[PI banker box no.
1].

CRM 8 (a), (b) &


(c).
[PI banker box no.
1; CD marked: [ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

Author(s).

Recipient(s).

[ ], PI Trial
Atty.

[ ], PI
employee.

[ ], Private
Legal
Counsel.

[ ], PI Trial
Atty.

[ ], Private
person.

[ ], Private
Legal
Counsel.

[ ], Private
Individual.

[ ], Private
Individual.

[ ] (Ensign),
Private
Individual.

[ ], Private
Individual.

[ ], Private
Individual.

[ ] (Ensign),
Private
Individual.

Date(s).

December 14,
2009;
December 2, 2009;
December 1, 2009.

December 5, 2008.

Title and/or Document


Description.
may have served as a basis for
that decision.
Basis for withholding: (b) 6 &
(b) 7(C). The document is also
being withheld to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[3-pages].
EC-Chain (Total No.: 3).
Subject: FW: Emailing:
NRSC, [ ], [ ], Email Addresses,
Allegiant Air, [ ], [ ], Ensign
Home, [ ], John Ensign, John
Ensign Fictitious,
[ ], [ ] [ ] NRSC, November Inc.
Description: The ECs reference
Ensign and include an EC from
private legal counsel representing
an individual with information
involving the Ensign
investigation.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of lower-level government
employees and third parties, who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[2-pages].
EC-Chain (Total No.: 3).
Subject: Update EIS; RE: Ely
Energy Center Draft EIS and
Re: Ely Energy Center Draft
EIS.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The ECs contain
address information referencing
[ ] (Ensign) and [ ]
@ensign.sen.gov.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page; 2 copies].
EC-Chain (Total: 3).
Subject: Update EIS; RE: Ely
Energy Center Draft EIS and
Re: Ely Energy Center Draft

FOIA
Exemption
No.

WIF

RIP

The name(s)
and personal
information
of lowerlevel DOJ
employees
and third
party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

Portions of
CRM 8 are
deemed nonresponsive.

ID: Reference
Number.

Author(s).

Recipient(s).

Date(s).

Title and/or Document


Description.

FOIA
Exemption
No.

WIF

RIP

EIS.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The ECs contain
address information referencing
[ ] (Ensign) and [ ]
@ensign.sen.gov.
This document is identical to the
previous EC chain (CRM 8(a),
however, NV Energy
correspondence has been
handwritten on this EC chain by
an unidentified individual].
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].
EC-Chain (Total No.: 3).
Subject: Update EIS; RE: Ely
Energy Center Draft EIS and
Re: Ely Energy Center Draft
EIS.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The ECs contain
address information referencing
[ ] (Ensign) and [ ]
@ensign.sen.gov.
This document is identical to the
previous EC chain CRM 8(b),
however, NV Energy
correspondence and Ensign
office has been handwritten on
this EC chain by an unidentified
individual/ third party].
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].
CRM 9.
[PI banker box no.
1].

Unknown.

Unknown.

Undated.

Email Addresses.
Subject: This document is a list
of EC addresses for Sen. Ensign
and other third party individuals.
Description: This document lists
other third party individuals EC
addresses, to include Sen. Ensign.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

ID: Reference
Number.

CRM 10 (a), (b)


& (c).
[PI banker box no.
1; CD marked: [ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

CRM 11 (a) &


(b).
[PI banker box no.
1; CD marked: [ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

Author(s).

Recipient(s).

[ ], Private
Individual.

[ ] (Ensign),
Private
Individual.

[ ] (Ensign),
Private
Individual.

[ ], Private
Individual.

[ ], Private
Individual.

[ ] (Ensign),
Private
Individual.

nvensign@
[ ], a/k/a
Ensign.

[ ], Private
Individual.

[ ], Private
Individual.

Ensign [ ].

Date(s).

December 12,
2008.

May 23, 2008.

Title and/or Document


Description.
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page; 2 copies].
EC-Chain (Total No.: 3).
Subject: RE: Draft EIS and
Draft EIS.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The ECs contain
address information referencing
(Ensign) and @ensign.senate.gov.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page; 4 copies].
EC-Chain (Total No.: 2).
Subject: Fw.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The ECs reference
nvensign@[ ] and Ensign [ ],
John. The EC chain also contains
handwritten notes from an
unidentified individual/ third
party.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page; 3 copies].
EC-Chain (Total No.: 2).
Subject: Fw.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The ECs reference
nvensign@[ ] and Ensign [ ],
John. The EC chain also contains
additional handwritten notes from
an unidentified individual/ third
party re: Never seen document!
and Ensign to [ ].
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the

FOIA
Exemption
No.
Portions of
CRM 9 are
deemed nonresponsive.

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

WIF

RIP

Portions of
CRM 10 are
deemed nonresponsive.

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).
Portions of
CRM 11 are
deemed nonresponsive.

ID: Reference
Number.

Author(s).

Recipient(s).

Date(s).

Title and/or Document


Description.

FOIA
Exemption
No.

WIF

RIP

personal privacy interests of third


party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].
CRM 12 (a) &
(b).
[PI banker box no.
1].

[ ], Private
Individual.

[ ], Private
Individual,
(Ensign
Employee).

[ ], Private
Individual.

[ ], Private
Individual.

February 26, 2008.

EC-Chain (Total No.: 2).


Subject: Fw: November Inc.
2008.
Description: The To line of
first EC references (Ensign). The
EC contains handwritten notes
from an unidentified individual/
third party.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

Portions of
CRM 12 are
deemed nonresponsive.

EC-Chain (Total No.: 2).


Subject: Fw: November Inc.
2008.
Description: The To line of
this EC references (Ensign). The
EC contains additional
handwritten notes from an
unidentified individual.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].
CRM 13 (a), (b)
& (c).
[PI banker box no.
1; CD marked: [ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

[ ], Private
Individual.

[ ], Private
Individual.

[ ], Private
Individual.

[ ], Private
Individual.

[ ], Private
Individual.

[ ], Private
Individual.

May 28, 2008.

EC-Chain (Total No.: 3).


Subject: RE: Hey man.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. CRM 13(a) email
references JE.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of
private individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).
Portions of
CRM 13 are
deemed nonresponsive.

ID: Reference
Number.

Author(s).

Recipient(s).

Date(s).

Title and/or Document


Description.

FOIA
Exemption
No.

WIF

RIP

[1-page; 3 copies].
CRM 14 (a) &
(b).
[PI banker box no.
1].

[ ], Private
Individual.

[ ], Private
Individual.

[ ], Private
Individual.

[ ], [ ],
[ ], Private
Individuals.

December 14,
2008.

CRM 15.
[PI banker box no.
1].

[ ], Private
Legal
Counsel.

[ ], PI Trial
Atty.

August 9, 2010;
Stamped
RECEIVED Aug
24 2010 PI.

CRM 16 (a), (b),


(c) & (d).
[PI banker box no.
1; CD marked: [ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

[ ], Private
Individual.

[ ], Private
Individual.

December 09,
2009;
April 16, 2008.

Fred
Schwartz
(Ensign),
a/k/a Ensign.

[ ], Private
Individual.

EC-Chain (Total No.: 2).


Subject: Fw: Our Next
Venture.
Description: The ECs contain
several references to Sen. Ensign.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page; 2 copies].
LTR.
Subject: Ensign Investigation
[ ] & [ ].
Description: This document
consists of correspondence
between [ ], Private Legal
Counsel & [ ], PI Trial Attorney
related to a privilege issue for
possible witness(s) to the criminal
investigation.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1 page].

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

The name(s)
and personal
information
of lowerlevel DOJ
employees
and third
party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

EC.
Subject: FW: did you call? Im
sorry.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The first EC
forwards a second EC from Sen.
Ensign to a witness to the criminal
investigation.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page; 2 copies].

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

EC.
Subject: FW: did you call? Im
sorry.
Description: This document was

Portions of
CRM 14 are
deemed nonresponsive.

Portions of
CRM 16 are
deemed nonresponsive.

ID: Reference
Number.

Author(s).

Recipient(s).

Date(s).

Title and/or Document


Description.
obtained by the government from
a witness to the criminal
investigation. The original EC
from Sen. Ensign was sent to a
witness to the criminal
investigation.
Basis for withholding: (b) 6 &
(b) 7(C). The document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page; 2 copies].
EC.
Subject: FW: did you call? Im
sorry.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The first EC
forwards a second EC. The
document contains a handwritten
note from an unidentified
individual/ third party that reads:
One of John (sic) fictitious email
addresses.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page; 2 copies].
EC.
Subject: did you call? Im
sorry.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The first EC
forwards a second EC from
Ensign to a witness to the criminal
investigation. The document
contains the handwritten note of
an unidentified individual/ third
party that reads: fictitious email
address.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.

FOIA
Exemption
No.

WIF

RIP

ID: Reference
Number.

Author(s).

Recipient(s).

Date(s).

Title and/or Document


Description.

FOIA
Exemption
No.

WIF

RIP

[1-page; 2 copies].
EC.
Subject: did you call? Im
sorry.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The EC is from
Ensign to a witness to the
investigation. This document
does not contain a handwritten
note.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].
CRM 17.
[PI banker box no.
1; CD marked: [ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

CRM 18 (a), (b),


(c), (d) & (e).
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

Unknown.

Unknown.

Unknown.

Unknown.

November 2007June 2009.

4/2/08.

Senator Ensign Phone List.


Description: This document was
obtained by the government from
a witness to the criminal
investigation. The document
contains the following
information: names, telephone
numbers and email addresses for
Ensign and other third party
individuals who were either
associated with or employed on
behalf of Ensign.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page; 2 copies].

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

[ ], Private Individual, Senator


Ensigns Office.
Subject: Miscellaneous notes (2pages), see CRM 18 (a) & CRM
18 (b), the notes were then
combined together on a single
page, see CRM 18(c); Notes on
talks with John [Ensign] (1-page)
(CRM 18(d) and Record of
discussions with John Ensign (1page) (CRM 18(e).
Description: This document
(notes) was obtained by the
government from a witness to the
criminal investigation. The
document consists of handwritten
notes from a witness to the

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

Portions of
CRM 17 are
deemed nonresponsive.

Portions of
CRM 18 are
deemed nonresponsive.

ID: Reference
Number.

CRM 19.
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

CRM 20 (a) &


(b).
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

CRM 21.
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

Author(s).

Unknown.

[ ], Private
Individual.

congressnv
@_, a/k/a
Ensign.

Recipient(s).

Unknown.

[ ], Private
Individual.

[ ], Private
Individual
(Ensign
Employee).

Date(s).

Undated.

July 10, 2008.

March 28, 2008.

Title and/or Document


Description.
criminal investigation. The notes
reference JE and John.
Portions of page three of the
handwritten notes also appear to
contain legal advice from [ ],
private legal counsel.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[4-pages].
Untitled Miscellaneous.
Subject: This document
references Chief of Staff Duties
([ ]) and Administrative Duties
(Position TBD by JE).
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The document
contains references to Ensign
and JE.
Basis for withholding: (b) 6 &
(b) 7(C). The document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[3-pages; 2 copies].
EC-Chain (Total No.: 2).
Subject: RE: hey man and
hey man.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The EC references
John and Ensign Inc.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages].
EC.
Subject: I havent spoken to
you about anything but as a
person who cares for you, you
might want to talk to [ ].
Description: This document was
obtained by the government from

FOIA
Exemption
No.

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

WIF

RIP

Portions of
CRM 19 are
deemed nonresponsive.

The name(s)
and personal
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

Portions of
CRM 20 are
deemed nonresponsive.

The name(s)
and personal
information
of third party
individual(s)
have been
redacted

ID: Reference
Number.

CRM 22(a), (b),


(c) & (d).
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

CRM 23 (a) &


(b).
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

Author(s).

Recipient(s).

congressnv
@_ a/k/a
Ensign.

[ ], Private
Individual
(Ensign
Employee).

[ ], Private
Individual
(Ensign
Employee).

congressnv@_
a/k/a Ensign.

congressnv
@_ a/k/a
Ensign.

[ ], Private
Individual
(Ensign
Employee).

[ ], Private
Individual.

[ ], Private
Individual.

Date(s).

March 28, 2008.

February 23, 2008.

Title and/or Document


Description.
a witness to the criminal
investigation. There is no text or
message body to the EC.
Basis for withholding: (b) 6 &
(b) 7(C). The document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].
EC-Chain (Total No.: 4).
Subject: Re: [ ]
Description: This document was
obtained by the government from
a witness to the criminal
investigation.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages].
EC.
Subject: None.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The EC contains
references to John [Ensign].
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].
EC.
Subject: None.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The EC contains
references to John [Ensign].
This document contains a
handwritten note from an
unidentified individual on the face
of the EC.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the

FOIA
Exemption
No.
under (b) 6
& (b) 7(C).

WIF

RIP

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

Portions of
CRM 23 are
deemed nonresponsive.

ID: Reference
Number.

CRM 24.
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

CRM 25 (a), (b),


(c), (d), (e), (f), (g)
& (h).
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

CRM 26 (a) &


(b).
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

Author(s).

[ ], Private
Individual.

Recipient(s).

[ ], Private
Individual.

Elmer
Johnson
(Ensign)
[[ ]
_Ensign@
ensign.senate
.gov], a/k/a
Ensign.

congressnv@_
a/k/a Ensign;
[ ], Private
Individual,
(Ensign
Employee);
[ ], Private
Individual.

[ ], Private
Individual.

Elmer
Johnson
(Ensign), a/k/a
Ensign.

[ ], Private
Individual.

[ ], Private
Individual.

[ ], Private
Individual.

[ ], Private
Individual.

Date(s).

6/30/2009.

December 10,
2007;
December 3, 2010.

July 10, 2008.

Title and/or Document


Description.
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].
EC.
Subject: Ensign.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The EC contains
references to John and
Ensign.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].
EC-Chain (Total No.: 8).
Subject: Fw: [ ] at Cisco.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The ECs are
between Sen. Ensign and other
third party individuals.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[3-pages].
EC-Chain (Total No.: 2).
Subject: RE: hey man.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The EC references
John and Ensign Inc. There
is a handwritten note from an
unidentified individual / third
party on CRM 26(a) blocking out
a portion of the EC text. Note
that CRM 26(b) is nearly identical
to CRM 20.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any

FOIA
Exemption
No.

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

WIF

RIP

Portions of
CRM 24 are
deemed nonresponsive.

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

Portions of
CRM 25 are
deemed nonresponsive.

The name(s)
and personal
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).
Portions of
CRM 26 are
deemed nonresponsive.

ID: Reference
Number.

Author(s).

Recipient(s).

Date(s).

Title and/or Document


Description.

FOIA
Exemption
No.

WIF

RIP

ascertainable public interest.


[2-pages].
CRM 27.
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

CRM 28 (a), (b)


& (c).
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

CRM 29.
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

CRM 30.

[ ], Private
Individual.

[ ], Private
Individual
(Ensign
Employee).

[ ], Private
Individual.

[ ], Private
Individual.

[ ], Private
Individual
(Ensign
Employee).

[ ], Private
Individual.

[ ], Private
Individual.

[ ], Private
Individual
(Ensign
Employee).

[ ], Private
Individual.

[ ], Private

nvensign@[ ],
a/k/a Ensign.

nvensign@[ ],

December 12,
2008.

December 12,
2008.

Unknown person/
third party
handwriting on
document re:
Sent 5/27/08 @
10:40 am.

Unknown person/

EC.
Subject: Draft EIS.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. There is a
handwritten note from an
unidentified individual/ third
party on CRM 28 referencing
Ensign Staff.
Basis for withholding: (b) 6 &
(b) 7(C). The document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].
EC-Chain (Total No.: 3).
Subject: FW: Draft EIS.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The ECs are to and
from an Ensign employee; one EC
references: @sign up for
Ensigns weekly update. There is
a handwritten note from an
unidentified individual/ third
party on CRM 28(b).
Basis for withholding: (b) 6 &
(b) 7(C). The document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].
EC.
Subject: Untitled.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The EC contains
references to John.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page; 2 copies].
EC.

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

Portions of
CRM 27 are
deemed nonresponsive.

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

Portions of
CRM 28 are
deemed nonresponsive.

The name(s)
and personal
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

Portions of
CRM 29 are
deemed nonresponsive.

The name(s)

ID: Reference
Number.

Author(s).

Recipient(s).

Date(s).

Title and/or Document


Description.

[PI banker box no.


1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

Individual.

a/k/a Ensign.

third party
handwriting on
document re:
Sent 5/30/08 @
4:40 pm.

Subject: Voice Message.


Description: This document was
obtained by the government from
a witness to the criminal
investigation. The EC contains
references to John.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page; 2 copies].
EC.
Subject: [ ].
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The EC is directed
to Sen. Ensign and contains
references to John.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page; 2 copies].
EC.
Subject: [ ]
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The EC references
John. There is a handwritten
note on the document from an
unidentified individual/ third
party re: John to [ ].
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].

CRM 31.
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

CRM 32.
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

CRM 33 (a), (b),


(c) & (d).
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

[ ], Private
Individual.

Elmer
Johnson
(Ensign)
[[ ]
_Ensign@
ensign.senate
.gov], a/k/a
Ensign.

Elmer
Johnson
(Ensign)
[[ ]
_Ensign@
ensign.senate
.gov], a/k/a
Ensign.

nvensign@[ ],
a/k/a Ensign.

[ ], Private
Individual.

[ ], Private
Individual.

July 14, 2008.

November 20,
2007.

January 28, 2008.

EC-Chain (Total No.: 4).


Subject: Fw: [ ].
Description: This document was
obtained by the government from
a witness to the criminal
investigation. There is a
handwritten note on the document
from an unidentified individual/

FOIA
Exemption
No.
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

WIF

RIP

Portions of
CRM 30 are
deemed nonresponsive.

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

Portions of
CRM 31 are
deemed nonresponsive.

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

Portions of
CRM 32 are
deemed nonresponsive.

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6

ID: Reference
Number.

CRM 34.
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

CRM 35 (a) &


(b).
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

Author(s).

Recipient(s).

[ ], Private
Individual.

Elmer
Johnson
(Ensign), a/k/a
Ensign.

Elmer
Johnson
(Ensign),
a/k/a Ensign.

[ ], Private
Individual.

[ ], Private
Individual.

Elmer
Johnson
(Ensign), a/k/a
Ensign.

[ ], Private
Individual.

[ ], Private
Individual.

Ensign.

[ ], Private
Individual.

Date(s).

Title and/or Document


Description.
third party re: John.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].

06/15/2009.

Feb. 2008;
2/14/08.

EC.
Subject: John Ensign [ ] to:
[ ].
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The EC contains
references to John. There is a
handwritten note on this
document from an unidentified
individual/ third party.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].
LTR.
Subject: None.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The document is a
handwritten letter from Sen.
Ensign (signed John) to a third
party individual. This version of
the document does not contain a
handwritten note from an
unidentified individual/ third
party on the lower left hand
corner of the letter.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].
LTR.
Subject: None.

FOIA
Exemption
No.
& (b) 7(C).

WIF

RIP

Portions of
CRM 33 are
deemed nonresponsive.

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

Portions of
CRM 34 are
deemed nonresponsive.

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).
Portions of
CRM 35 are
deemed nonresponsive.

ID: Reference
Number.

CRM 36.
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

CRM 37 (a) &


(b).
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

Author(s).

[ ], Private
Individual.

Recipient(s).

[ ], Private
Individual.

[ ], Private
Individual.

[ ], Private
Individual.

[ ], Private
Individual.

[ ], [ ], [ ],
[ ], Private
Individuals;
Ensign.

Date(s).

06/11/2009.

December 09,
2009;
February 17, 2008.

Title and/or Document


Description.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The document is a
handwritten letter from Sen.
Ensign (signed John) to a third
party individual. This version of
the document does contain a
handwritten note from an
unidentified individual/ third
party on the lower left hand
corner of the letter.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].
EC.
Subject: US Senator [ ] to:
americasnewsroom.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The EC contains a
reference to Senator John
Ensign. There is a handwritten
note from an unidentified
individual/ third party on the
bottom of the EC.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].
EC-Chain (Total No.: 2).
Subject: FW: [ ].
Description: This document was
obtained by the government from
a witness to the criminal
investigation. There is a
handwritten note from an
unidentified individual/ third
party on the bottom of the EC re:
John.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any

FOIA
Exemption
No.

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

WIF

RIP

Portions of
CRM 36 are
deemed nonresponsive.

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).
Portions of
CRM 37 are
deemed nonresponsive.

ID: Reference
Number.

Author(s).

Recipient(s).

Date(s).

Title and/or Document


Description.

FOIA
Exemption
No.

WIF

RIP

ascertainable public interest.


[1-page; 2 copies].

EC-Chain (Total No.: 2).


Subject: FW: [ ].
Description: This document was
obtained by the government from
a witness to the criminal
investigation. This version of the
document does not contain a
handwritten note.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].
CRM 38 (a), (b)
& (c).
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

[ ], Private
Individual.

[ ], Private
Individual.

[ ], Private
Individual.

[ ], [ ],
Private
Individuals.

[ ], Private
Individual.

[ ], [ ],
Private
Individuals.

December 09,
2009;
February 18, 2008.

EC-Chain (Total No.: 3).


Subject: FW: John [ ].
Description: This document was
obtained by the government from
a witness to the criminal
investigation. There is a
handwritten note from an
unidentified individual/ third
party on the bottom of the EC that
reads: John moving out.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page; 2 copies].
EC-Chain (Total No.: 3).
Subject: FW: John [ ].
Description: This document was
obtained by the government from
a witness to the criminal
investigation. This version of the
document does not contain a
handwritten note.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).
Portions of
CRM 38 are
deemed nonresponsive.

ID: Reference
Number.

Author(s).

Recipient(s).

Date(s).

Title and/or Document


Description.

CRM 39 (a) &


(b).
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

[ ], Private
Individual.

[ ], Private
Individual.

December 09,
2009;
February 18, 2008.

[ ], Private
Individual.

[ ], [ ],
Private
Individuals;
Ensign.

EC-Chain (Total No.: 2).


Subject: FW: [ ].
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The second EC
references John. There is a
handwritten note from an
unidentified individual/ third
party on the bottom of the second
EC.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page; 2 copies].

FOIA
Exemption
No.
The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

WIF

RIP

Portions of
CRM 39 are
deemed nonresponsive.

EC-Chain (Total No.: 2).


Subject: FW: [ ].
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The second EC
references John. This version
of the document does not contain
a handwritten note.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].
CRM 40 (a) &
(b).
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

[ ], Private
Individual.

[ ], Private
Individual.

[ ], Private
Individual.

[ ], Private
Individual.

December 09,
2009;
February 21, 2008.

EC-Chain (Total No.: 2).


Subject: FW: A few things.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The second EC
references Ensign. There is a
handwritten note from an
unidentified individual/ third
party on the bottom of the second
EC.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).
Portions of
CRM 40 are
deemed nonresponsive.

ID: Reference
Number.

Author(s).

Recipient(s).

Date(s).

Title and/or Document


Description.

FOIA
Exemption
No.

WIF

RIP

EC-Chain (Total No.: 2).


Subject: FW: A few things.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The second EC
references Ensign. This version
of the document does not contain
a handwritten note.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page; 2 copies].
CRM 41 (a) &
(b).
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

[ ], Private
Individual.

[ ], Private
Individual.

Ensign.

[ ], Private
Individual.

December 09,
2009;
April 1, 2008.

EC-Chain (Total No.: 2).


Subject: FW: is it possible to
talk.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. There is a
handwritten note from an
unidentified individual/ third
party on the bottom of the second
EC re: John.
Basis for withholding: (b) 6 &
(b) 7(C). The document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page; 2 copies].

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

Portions of
CRM 41 are
deemed nonresponsive.

EC-Chain (Total No.: 2).


Subject: FW: is it possible to
talk.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. This version of the
document does not contain a
handwritten note.
Basis for withholding: (b) 6 &
(b) 7(C). The document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].
CRM 42 (a) &

[ ], Private

[ ], Private

December 09,

EC-Chain (Total No.: 2).

The name(s)

ID: Reference
Number.

Author(s).

Recipient(s).

Date(s).

Title and/or Document


Description.

(b).
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

Individual.

Individual.

2009;
April 1, 2008.

Ensign.

[ ], Private
Individual.

Subject: FW: can you call me


on campaign vonage phone.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. There is a
handwritten note from an
unidentified individual/ third
party on the bottom of the second
EC re: John.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page; 2 copies].

FOIA
Exemption
No.
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

WIF

RIP

Portions of
CRM 42 are
deemed nonresponsive.

EC-Chain (Total No.: 2).


Subject: FW: can you call me
on campaign vonage phone.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. This version of the
document does not contain a
handwritten note.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
third party privacy interest of
private individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].
CRM 43 (a), (b),
(c) & (d).
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

[ ], Private
Individual.

[ ], Private
Individual.

Ensign.

[ ], Private
Individual.

[ ], Private
Individual.

Ensign.

Ensign.

[ ], Private
Individual.

December 09,
2009;
April 1, 2008;
April 2, 2008.

EC-Chain (Total No.: 4).


Subject: FW: is it possible to
talk.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. This document
consists of ECs between Sen.
Ensign and a witness to the
criminal investigation.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page; 3copies].

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).
Portions of
CRM 43 are
deemed nonresponsive.

ID: Reference
Number.

Author(s).

Recipient(s).

Date(s).

Title and/or Document


Description.

CRM 44 (a), (b),


(c) , (d) & (e).
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

[ ], Private
Individual.

[ ], Private
Individual.

December 09,
2009;
April 10, 2008.

[ ], Private
Individual.

Fred Schwartz
(Ensign), a/k/a
Ensign.

Fred
Schwartz
(Ensign),
a/k/a Ensign.
Fred
Schwartz
(Ensign),
a/k/a Ensign.

[ ], Private
Individual.

Fred
Schwartz
(Ensign),
a/k/a Ensign.

[ ], Private
Individual.

EC-Chain (Total No.: 5).


Subject: FW: t.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. This document
consists of ECs between Sen.
Ensign and a witness to the
criminal investigation.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page; 3 copies].

CRM 45.
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

[ ], Private
Legal
Counsel.

[ ], SA FBI.

December 18,
2009.

LTR.
Subject: Ensign Investigation.
Description: This document
consists of correspondence
between [ ], Private Legal
Counsel & [ ], SA FBI and
relates to a witness/subject to the
criminal investigation. The
document also contains a
reference to [ ], a PI Trial Atty.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of the
government case agent and third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].

The name(s)
and personal
information
of lowerlevel DOJ
employees
and third
party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

CRM 46 (a) &


(b).
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

Ensign.

Unknown.

04/09/2008.

Wachovia Bank.
Subject: Non-Personal Signature
Card; Legal Entity Name: Senate
Majority Committee;
Signature: (signed) John E.
Ensign.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. There is a
handwritten note from an
unidentified individual/ third
party at the top of the document
re: Bank accounts Turn Over
Removal of my name, add [ ] & [
].
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

[ ], Private
Individual.

FOIA
Exemption
No.
The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

WIF

RIP

Portions of
CRM 44 are
deemed nonresponsive.

Portions of
CRM 46 are
deemed nonresponsive.

ID: Reference
Number.

Author(s).

Recipient(s).

Date(s).

Title and/or Document


Description.

FOIA
Exemption
No.

WIF

RIP

party individuals. Revealing the


names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].

CRM 47 (a) &


(b).
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

Ensign.

Unknown.

Date: 04/11/2008;
04/14/08 (Signed
by Ensign) &
Date: ______;
04/14/2008
(signed by
Ensign).

Wachovia Bank.
Subject: Non-Personal Signature
Card; Legal Entity Name: Battle
Born Political Action
Committee; Signature: (signed)
John E. Ensign - President.
Description: This document was
obtained by the government from
a witness to the criminal
investigation.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].
Bank of Nevada.
Subject: Account Agreement;
Account Title: ENSIGN FOR
SENATE CAMPAIGN and
dated at the top of document.
Description: This document was
obtained by the government from
a witness to the criminal
investigation.
Signature: (signed) John
Ensign.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages].
Bank of Nevada.
Subject: Account Agreement;
Account Title: ENSIGN FOR
SENATE CAMPAIGN and
undated at the top of document.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The signature
block is (signed) John E.
Ensign.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).
Portions of
CRM 47 are
deemed nonresponsive.

ID: Reference
Number.

Author(s).

Recipient(s).

Date(s).

Title and/or Document


Description.

FOIA
Exemption
No.

WIF

RIP

party individuals. Revealing the


names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages].

CRM 48.
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

CRM 49.
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

CRM 50.
[PI banker box no.
1; CD marked:[ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

[ ], Private
Individual.

[ ], Private
Individual.

[ ], Private
Individual.

Bank of
Nevada.

IRS

[ ], [ ], [ ],
[ ] (Ensign),
[ ] (Ensign),
[ ] (Ensign),
[ ], Private
Individuals.

Date: April 21,


2008.

2008.

March 07, 2008.

LTR. JohnENSIGN U.S.


SENATE.
Subject: Letter to Bank of
Nevada notifying the bank of
account change re: signer for
Ensign for Senate account.
Description: This document was
obtained by the government from
a witness to the criminal
investigation.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].
Miscellaneous Income Form
1099-MISC.
Subject: ENSIGN FOR
SENATE.
Description: This document was
obtained by the government from
a witness to the criminal
investigation.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].
EC.
Subject: CQ: PACs Rush to
Drop NRCC Treasurer.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The subject article
contains references to Sen.
Ensign.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

Portions of
CRM 48 are
deemed nonresponsive.

The name(s)
and personal
information
of private
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

Portions of
CRM 49 are
deemed nonresponsive.

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).
Portions of
CRM 50 are
deemed nonresponsive.

ID: Reference
Number.

CRM 51.
[PI banker box no.
1; CD marked: [ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

CRM 52 (a), (b),


(c), (d), (e) & (f).
[PI banker box no.
1; CD marked: [ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy]].

CRM 53 (a) &


(b).
[PI banker box no.
1; CD marked: [ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy].

Author(s).

[ ], Private
Individual.

Recipient(s).

[ ] (Ensign),
Private
Individual.

Date(s).

December 12,
2008.

[ ], Private
Individual.

[ ], Private
Individual.

[ ] (Ensign),
Private
Individual.

[ ], Private
Individual.

[ ], Private
Individual.

[ ] (Ensign),
Private
Individual.

[ ], Private
Individual.

[ ] (Ensign),
Private
Individual.

[ ] (Ensign),
Private
Individual.

[ ], Private
Individual.

[ ], Private
Individual.

[ ] (Ensign),
Private
Individual.

Unknown.

Unknown.

December 12,
2008.

May 21 09.

Title and/or Document


Description.
not be justified by any
ascertainable public interest.
[3-pages].
EC.
Subject: Draft EIS.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The emails contain
address information referencing
(Ensign).
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].
EC-Chain (Total No.: 6).
Subject: FW: Draft EIS; RE:
Draft EIS; Draft EIS.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The ECs contain
address information referencing
(Ensign) and @ensign.senate.gov.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages].

Settlement.
Subject: Settlement Terms.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The first version of
this document contains
handwritten notes from an
unidentified individual/ third
party at the bottom of the page.
This document contains a
reference to John [Ensign]. The
document also contains references
to damages, legal fees and other
subjects.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the

FOIA
Exemption
No.

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

WIF

RIP

Portions of
CRM 51 are
deemed nonresponsive.

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

Portions of
CRM 52 are
deemed nonresponsive.

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

Portions of
CRM 53 are
deemed nonresponsive.

ID: Reference
Number.

Author(s).

Recipient(s).

Date(s).

Title and/or Document


Description.

FOIA
Exemption
No.

WIF

names and personal information


of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].
Settlement.
Subject: Settlement Terms.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. The second version
of this document does not contain
any handwritten notes on the
page. This document contains a
reference to John [Ensign]. The
document also contains references
to damages, legal fees and other
subjects.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page].
CRM 54.
[PI banker box
no.1; CD marked:
[ ] Docs & Open
Source;
[ ], PI Trial Atty.
[copy].

CRM 55.
[PI banker box no.
1; CD marked: [ ]
Docs & Open
Source;
[ ], PI Trial Atty.
[copy].

[ ], Private
Individual.

[ ], Private
Individual.

Unknown.

Unknown.

2007-2008 (Misc.
Dates).

12/10/2009.

ENSIGN AFFAIR TIME-LINE.


Subject: This document consists
of a detailed time-line series of
events related to the affair
involving Sen. Ensign.
Description: This document was
obtained by the government from
a witness to the criminal
investigation. This document
contains multiple references to
Sen. Ensign.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[7-pages; Last page is blank].
The Chronology of Senator
Ensign Affair, Cover up,
Ethics, Crime (December
2007- June 2009).
Subject: This document is a
detailed time-line recounting the
series of events related to the
Ensign affair. CRM 55 also
includes (18) eighteen separate
documents as attachments.
Description: This document was
obtained by the government from

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

Portions of
CRM 54 are
deemed nonresponsive.

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).
Portions of
CRM 55 are

RIP

ID: Reference
Number.

Author(s).

Recipient(s).

Date(s).

Title and/or Document


Description.
a witness to the criminal
investigation. The document
contains multiple references to
Sen. Ensign.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in part to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[30-pages; Last page is blank].

CRM 56.
[PI banker box no.
1].

[ ], PI Trial
Atty.

[ ], PI Trial
Atty.

Undated.

Notes.
Subject: Untitled.
Description: The notes are not
attributed, however they are
consistent with records prepared
by a PI Trial Attorney in
connection with the Ensign
investigation. The notes contain
multiple references to Ensign.
The notes also contain
information involving case
strategy as well as case specific
references to certain evidence and
witnesses.
Basis for withholding: (b) 5
(AWP). This document
constitutes AWP because it was
created in anticipation of the
possible criminal prosecution of
Sen. Ensign. The document
contains subjective legal analysis
by an unidentified PI Trial Atty.
involved in the investigation.
Release of this document would
reveal the authoring attorneys
mental impressions and legal
theories. For example, the
document discusses strategies for
obtaining possible evidence
related to the investigation.
Basis for withholding: (b) 5
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist
government attorneys in reaching
a decision of whether to prosecute
Sen. Ensign and because it
reflects the give-and-take by
which the government made that
decision. The handwritten notes
contain factual information and
subjective analysis intended to
inform a final decision as to
whether to prosecute Sen. Ensign.
Disclosure of this material is
likely to discourage government
employees from keeping records
of conversations or mental
impressions related to evidence or
witnesses. Disclosure would also

FOIA
Exemption
No.
deemed nonresponsive.

WIF

(b) 5 (AWP)
& (DPP).

The name(s)
and personal
information
of lowerlevel DOJ
employees
and third
party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

RIP

ID: Reference
Number.

CRM 57.
[PI banker box no.
2].

Author(s).

[ ], PI Trial
Atty.

Recipient(s).

[ ], PI Trial
Atty.

Date(s).

Undated.

Title and/or Document


Description.
likely confuse the public as to the
final basis for the decision not to
prosecute, as some of the
evidence described in the notes
may have served as a basis for
that decision.
Basis for withholding: (b) 6 &
(b) 7(C). The document is also
being withheld to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[3-pages].
Questions for [ ].
Subject: A typed list of questions
covering various subjects.
Description: The document is
not attributed, however, it is
consistent with records prepared
by [ ], a PI Trial Atty. in
connection with the Ensign
investigation. The notes contain
multiple references to Sen. Ensign
and others. The notes also
contain information pertaining to
case strategy as well as case
specific references to certain
evidence and witnesses.
Basis for withholding: (b) 5
(AWP). This document
constitutes AWP because it was
created in anticipation of the
possible criminal prosecution of
Sen. Ensign. The document
contains subjective legal analysis
by [ ], a PI Trial Atty. involved in
the Ensign investigation. Release
of this document would reveal the
authoring attorneys mental
impressions and legal theories.
For example, the document
discusses strategies for obtaining
possible evidence related to the
Ensign investigation.
Basis for withholding: (b) 5
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist
government attorneys in reaching
a decision of whether to prosecute
Sen. Ensign and because it
reflects the give-and-take process
by which the government made
that decision. The notes contain
factual information and subjective
analysis intended to inform a final
decision as to whether to
prosecute Sen. Ensign.
Disclosure of this material is
likely to discourage government
employees from keeping records
of conversations or mental

FOIA
Exemption
No.

WIF

(b) 5 (AWP)
& (DPP).

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

RIP

ID: Reference
Number.

Author(s).

CRM 58.
[PI banker boxes
no. 2 & no. 3].

[ ], PI Trial
Atty.

CRM 59.
[PI banker boxes
no. 2 & no. 3].

[ ], PI Trial
Atty.

Recipient(s).

Date(s).

[ ], Inspector
General DOT.

January 6, 2010.

[ ], Inspector
General DOT.

January 12, 2010.

Title and/or Document


Description.
impressions related to evidence or
witnesses. Disclosure would also
likely confuse the public as to the
final basis for the decision not to
prosecute, as some of the
evidence described in the notes
may have served as a basis for
that decision.
Basis for withholding: (b) 6 &
(b) 7(C). The document is also
being withheld to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages].
EC.
Subject: Request for
documents.
Description: This is an EC from
DOJ to DOT requesting the
production of certain documents
and evidence regarding the
criminal investigation involving
Sen. Ensign. The EC references
Sen. Ensign and others.
Basis for withholding: (b) 5
(AWP). This document
constitutes AWP because it was
created in anticipation of the
possible criminal prosecution of
Sen. Ensign. The document
contains subjective legal analysis
by [ ], a PI Trial Atty. involved in
the investigation. Release of this
document would reveal the
authoring attorneys mental
impressions and legal theories.
For example, the document
discusses strategies for obtaining
possible evidence related to the
Ensign investigation.
Basis for withholding: (b) 6 &
(b) 7(C). The document is also
being withheld to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page; 2 copies].
EC.
Subject: Supplemental
Information.
Description: This is a follow-up
EC to a previous EC (see CRM
58) from DOJ to DOT requesting
the production of certain
documents and evidence
regarding a criminal investigation
involving Sen. Ensign.

FOIA
Exemption
No.

(b) 5 (AWP).

WIF

The name(s)
and personal
information
of lowerlevel DOJ
employees
and third
party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

(b) 5 (AWP).
The name(s)
and personal
information
of lowerlevel DOJ
employees
and third
party

RIP

ID: Reference
Number.

CRM 60.
[PI banker box no.
2].

Author(s).

Unidentified
PI Trial Atty.

Recipient(s).

Unknown.

Date(s).

Handwritten: As
of 5/11/2010.

Title and/or Document


Description.
Basis for withholding: (b) 5
(AWP). This document
constitutes AWP because it was
created in anticipation of the
possible criminal prosecution of
Sen. Ensign. The document
contains subjective legal analysis
by [ ], a PI Trial Atty. involved in
the investigation. Release of this
document would reveal the
authoring attorneys mental
impressions and legal theories.
For example, the document
discusses strategies for obtaining
possible evidence related to the
Ensign investigation.
Basis for withholding: (b) 6 &
(b) 7(C). The document is also
being withheld to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page; 2 copies].
Initial_DOJ_Search
Terms_5_6_10.
Subject: Computer search terms
prepared by an unidentified PI
Trial Atty.
Description: This document
references Ensign, Inc., as well as
other named individuals and
business entities.
Basis for withholding: (b) 5
(AWP). This document
constitutes AWP because it was
created in anticipation of the
possible criminal prosecution of
Sen. Ensign. The document
contains subjective legal analysis
by an unknown PI Trial Atty.
involved in the Ensign
investigation. Release of this
document would reveal the
authoring attorneys mental
impressions and legal theories.
For example, the document
discusses computer search terms
to be employed in obtaining
possible evidence related to the
Ensign investigation.
Basis for withholding: (b) 5
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist
government attorneys in reaching
a decision of whether to prosecute
Sen. Ensign and because it
reflects the give-and-take process
by which the government made
that decision. The computer
search terms contain factual
information and subjective

FOIA
Exemption
No.
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

WIF

(b) 5 (AWP),
(DPP), (b) 6
& (b) 7(C).

RIP

ID: Reference
Number.

Author(s).

Recipient(s).

Date(s).

Title and/or Document


Description.

FOIA
Exemption
No.

WIF

analysis intended to inform a final


decision as to whether to
prosecute Sen. Ensign.
Disclosure of this material is
likely to discourage government
employees from keeping records
of conversations or mental
impressions related to evidence or
witnesses. Disclosure would also
likely confuse the public as to the
final basis for the decision not to
prosecute, as some of the
evidence described in the
computer search terms may have
served as a basis for that decision.
Basis for withholding: (b) 6 &
(b) 7(C). The document is also
being withheld to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[3-pages].
CRM 61.
[PI banker box no.
2].

Unidentified
PI Trial Atty.

Unknown.

As of 5/17/2010.

Initial_DOJ_Search
Terms_5_6_10.
Subject: Computer search terms
prepared by an unidentified PI
Trial Atty.
Description: This document
contains reference to Ensign, Inc.
Basis for withholding: (b) 5
(AWP). This document
constitutes AWP because it was
created in anticipation of the
possible criminal prosecution of
Sen. Ensign. The document
contains subjective legal analysis
by [ ], a PI Trial Atty. involved in
the Ensign investigation. Release
of this document would reveal the
authoring attorneys mental
impressions and legal theories.
For example, the document
discusses strategies for obtaining
possible evidence related to the
Ensign investigation.
Basis for withholding: (b) 5
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist
government attorneys in reaching
a decision of whether to prosecute
Sen. Ensign and because it
reflects the give-and-take process
by which the government made
that decision. The notes contain
factual information and subjective
analysis intended to inform a final
decision as to whether to
prosecute Sen. Ensign.
Disclosure of this material is
likely to discourage government

(b) 5 (AWP),
(DPP), (b) 6
& (b) 7(C).

RIP

ID: Reference
Number.

Author(s).

Recipient(s).

Date(s).

Title and/or Document


Description.

FOIA
Exemption
No.

WIF

RIP

employees from keeping records


of conversations or mental
impressions related to evidence or
witnesses. Disclosure would also
likely confuse the public as to the
final basis for the decision not to
prosecute, as some of the
evidence described in the notes
may have served as a basis for
that decision.
Basis for withholding: (b) 6 &
(b) 7(C). The document is also
being withheld to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[3-pages].
CRM 62.
[PI banker box no.
3].

Unknown.

UnknownRecords/
Archives.

CLOSED DATE
07/18/2012.

CRM 63.
[PI banker box no.
3].

Unidentified
PI Trial Atty.

Unknown.

04-12-10.

PI-DOJ-CRM: FILE
MANIFEST, [0001 OF 0002].
Subject/Case Title: ENSIGN,
JOHN ET AL. (ACT #20100266).
Description: This document
contains a list of the contents of
PI banker box no. 3, and relates to
the Ensign investigation.
Basis for withholding: (b) 3
(Grand Jury material).
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld to protect the personal
privacy interests of third party
individuals. Revealing the names
and personal information of third
parties, who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page].
Notes.
Subject: Untitled.
Description: The notes are not
attributed however they are
consistent with records prepared
by an unidentified PI Trial
Attorney in connection with the
Ensign investigation. The notes
contain multiple references to
Ensign. The notes also contain
information involving case
strategy as well as case specific
references to certain evidence and
witnesses.
Basis for withholding: (b) 5
(AWP). This document
constitutes AWP because it was
created in anticipation of the
possible criminal prosecution of
Sen. Ensign. The document
contains subjective legal analysis
by an unidentified PI Trial Atty.
involved in the investigation.

(b) 3 (Grand
Jury
material), (b)
6 & (b) 7(C).

(b) 5 (AWP)
& (DPP).
The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

ID: Reference
Number.

CRM 64.
[PI banker box no.
3].

Author(s).

Senator
Barbara
Boxer,
Chairman
and Senator
Johnny
Isakson,
Vice
Chairman.

Recipient(s).

Eric Holder,
A.G.

Date(s).

May 12, 2011.

Title and/or Document


Description.
Release of this document would
reveal the authoring attorneys
mental impressions and legal
theories. For example, the
document discusses strategies for
obtaining possible evidence
related to the investigation.
Basis for withholding: (b) 5
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist
government attorneys in reaching
a decision of whether to prosecute
Sen. Ensign and because it
reflects the give-and-take by
which the government made that
decision. The handwritten notes
contain factual information and
subjective analysis intended to
inform a final decision as to
whether to prosecute Sen. Ensign.
Disclosure of this material is
likely to discourage government
employees from keeping records
of conversations or mental
impressions related to evidence or
witnesses. Disclosure would also
likely confuse the public as to the
final basis for the decision not to
prosecute, as some of the
evidence described in the notes
may have served as a basis for
that decision.
Basis for withholding: (b) 6 &
(b) 7(C). The document is also
being withheld to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[17-pages].
LTR & Attachment.
Subject: Re: Referral of Matters
Arising from the Preliminary
Inquiry of Senator John Ensign.
Description: The document
consists of a referral cover LTR
and an attachment from the
Senate to the AG regarding
Ensign.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld to protect the personal
privacy interests of third party
individuals. Revealing the names
and personal information of third
parties, who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page LTR; 2-page Attachment;
3 pages in total].

FOIA
Exemption
No.

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

WIF

RIP

ID: Reference
Number.

Author(s).

Recipient(s).

Date(s).

Title and/or Document


Description.

FOIA
Exemption
No.
The name(s)
and personal
information
of lowerlevel DOJ
employee(s)
have been
redacted
under (b) 6
& (b) 7(C).

WIF

RIP

CRM 65.
[PI banker box no.
2; CD marked:
Ensign
Investigation; 416-2010; DOJ
[ ]].

[ ], PI Trial
Atty.

Google
(G-mail)
Custodian of
Records.

March 2, 2010.

LTR & Fax Cover Sheet.


Subject: Re: Preservation
Request.
Description: This document is a
preservation request related to an
EC account for Sen. Ensign.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in full to protect the
personal privacy interests of a PI
attorney. Revealing the name of a
lower level government employee
who maintains strong privacy
interests, would not be justified by
any ascertainable public interest.
[1-page LTR; 1-page Fax Cover
Sheet; 2-pages in total].

CRM 66.
[PI banker box no.
2; CD marked:
Ensign
Investigation; 416-2010; DOJ
[ ]].

[ ], PI Trial
Atty.

Google
(G-mail)
Custodian of
Records.

April 2, 2010.

LTR & Fax Cover Sheet.


Subject: Re: Preservation
Request.
Description: This document is a
preservation request related to an
EC account for Sen. Ensign.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in full to protect the
personal privacy interests of a PI
attorney. Revealing the name of a
lower level government employee
who maintains strong privacy
interests, would not be justified by
any ascertainable public interest.
[1-page LTR; 1-page Fax Cover
Sheet; 2-pages in total].

The name(s)
and personal
information
of lowerlevel DOJ
employee(s)
have been
redacted
under (b) 6
& (b) 7(C).

CRM 67.
[PI banker box no.
2; CD marked:
Ensign
Investigation; 416-2010; DOJ
[ ]].

[ ], PI Trial
Atty.

Custodian of
Records AOL,
LLC.

December 4, 2009.

LTR & Fax Cover Sheet.


Subject: Re: Preservation
Request.
Description: This document is a
preservation request related to an
EC account for Sen. Ensign and
another individual.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in full to protect the
personal privacy interests of
[ ], PI attorney. Revealing the
name of a lower level government
employee and/or third party
individual(s) who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[2-pages].

The name(s)
and personal
information
of lowerlevel DOJ
employee(s)
and third
party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

CRM 68.
[PI banker box no.
2; CD marked:
Ensign
Investigation; 416-2010; DOJ
[ ]].

[ ], PI Trial
Atty.

Custodian of
Records
Yahoo! Inc.

December 10,
2009.

LTR & Fax Cover Sheet.


Subject: Re: Preservation
Request.
Description: This document is a
preservation request related to an
EC account for Sen. Ensign.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in full to protect the
personal privacy interests of

The name(s)
and personal
information
of lowerlevel DOJ
employee(s)
have been
redacted
under (b) 6
& (b) 7(C).

ID: Reference
Number.

Author(s).

Recipient(s).

Date(s).

Title and/or Document


Description.

FOIA
Exemption
No.

WIF

RIP

[ ], PI attorney. Revealing the


name of a lower level government
employee who maintains strong
privacy interests, would not be
justified by any ascertainable
public interest.
[2-pages].
CRM 69.
[PI banker box no.
4].

Unidentified
PI employee.

Case File.

Closed Date:
07/18/2012

CRM 70.
[PI banker box no.
4].

Unidentified
PI Trial Atty.

Unidentified
PI Trial Atty.

Undated.

PI-DOJ-CRM: FILE
MANIFEST, [0001 OF 0001].
Subject/Case Title: ENSIGN,
JOHN ET AL. (ACT #20100266).
Description: This document
contains a list of the contents of
PI banker box no. 4, and relates to
the Ensign investigation.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld to protect the personal
privacy interests of third party
individuals. Revealing the names
and personal information of third
parties, who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page].
Inventory of the Ensign
Investigative Materials.
Subject: An inventory of
relevant documents in the Ensign
investigation designed to assist or
aid the prosecutor in organizing
evidentiary material.
Description: This document is
composed of a list of depositions,
memoranda of interviews,
document binders and [ ] taint
files.
Basis for withholding: (b) 3
(Grand Jury material).
Basis for withholding: (b) 5
(AWP). This document
constitutes AWP because it was
created in anticipation of the
possible criminal prosecution of
Sen. Ensign. The document
contains a list of potential
witnesses and evidence which the
government identified in
connection with their underlying
investigation. This document was
likely prepared by a PI Trial Atty.
involved in the investigation.
Release of this document would
reveal the authoring attorneys
mental impressions and legal
theories with respect to the
identification of potential
witnesses and evidence related to
the Ensign investigation.
Basis for withholding: (b) 6 &
(b) 7(C). The document is being
withheld in full to protect the
personal privacy interests of third
party individuals. Revealing the

The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

(b) 3 (Grand
Jury
material), (b)
5 (AWP).
The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

ID: Reference
Number.

Author(s).

Recipient(s).

Date(s).

Title and/or Document


Description.

FOIA
Exemption
No.

WIF

names and personal information


of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[3-pages].
CRM 71.
[PI banker box no.
4].

CRM 72.
[PI banker box no.
4].

[ ], PI Trial
Atty.

Jack Smith, PI
Section Chief;
Ray Hulser, PI
Principal
Deputy
Litigation; [ ]
PI atty.

Jack Smith,
PI Section
Chief.

[ ], PI Trial
Atty.; Ray
Hulser, PI
Principal
Deputy
Litigation; [ ]
PI atty.

Unidentified
PI Trial Atty.

Unidentified
PI Trial Atty.

June 02, 2011.

Undated.

EC-Chain (Total No.: 2).


Subject: RE: ENSIGN and
ENSIGN.
Description: EC chain
discussing investigative strategies
to be employed in connection
with the Ensign investigation.
There is also a handwritten word
on the EC chain.
Basis for withholding: (b) 5
(AWP). This document
constitutes AWP because it was
created in anticipation of the
possible criminal prosecution of
Sen. Ensign. The document
contains investigative strategies
for gathering and reviewing
evidence. Release of this
document would reveal the
authoring PI Trial Attorneys
mental impressions and legal
theories with respect to the
identification of potential
witnesses and evidence related to
the Ensign investigation.
Basis for withholding: (b) 6 &
(b) 7(C). The document is being
withheld in full to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of lower level government
employees, who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[2-pages].

(b) 5 (AWP).

Investigative Outline.
Subject: None.
Description: This document is
broken into 3 separate subparts:
[ ] 302 Statements,
Corroborating Evidence &
Contradictory Evidence. The
document also includes 4 full
handwritten post-it notes.
Basis for withholding: (b) 5
(AWP). This document
constitutes AWP because it was
created in anticipation of the
possible criminal prosecution of
Sen. Ensign. The document
contains a summary of witness
statements and includes evidence
that supports and/or contradicts
such witness statements. Release
of this document would reveal the
authoring PI trial attorneys mental

(b) 5 (AWP);
(DPP).

The name(s)
and personal
information
of lower
level DOJ
employees
have been
redacted
under (b) 6
& (b) 7(C).

The name(s)
and personal
information
of lower
level DOJ
employees
have been
redacted
under (b) 6
& (b) 7(C).

RIP

ID: Reference
Number.

Author(s).

Recipient(s).

Date(s).

Title and/or Document


Description.

FOIA
Exemption
No.

WIF

impressions and legal theories


with respect to the governments
analysis of the witness statements
and supporting/ contradicting
evidence.
Basis for withholding: (b) 5
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist government
attorneys in reaching a decision of
whether to prosecute Sen. Ensign
and because it reflects the giveand-take process by which the
government made that decision.
The notes contain factual
information and subjective
analysis intended to inform a final
decision as to whether to
prosecute Sen. Ensign.
Disclosure of this material is
likely to discourage government
employees from keeping records
of conversations or mental
impressions related to evidence or
witnesses. Disclosure would also
likely confuse the public as to the
final basis for the decision not to
prosecute, as some of the
evidence described in the notes
may have served as a basis for
that decision.
Basis for withholding: (b) 6 &
(b) 7(C). The document is being
withheld in full to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of lower level government
employees, who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[15-pages].
CRM 73.
[PI banker box no.
4].

Unidentified
PI Trial Atty.

Unidentified
PI Trial Atty.

Undated.

[ ] Deposition.
Subject: Deposition notes.
Description: This document
consists of handwritten notes
summarizing witness testimony
taken during a deposition. The
witness testimony references
Ensign.
Basis for withholding: (b) 5
(AWP). This document
constitutes AWP because it was
created in anticipation of the
possible criminal prosecution of
Sen. Ensign. The document
contains a summary of statements
and evidence offered during a
deposition. Release of this
document would reveal the
authoring PI trial attorneys mental
impressions and legal theories
with respect to the governments

(b) 5 (AWP).
The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

RIP

ID: Reference
Number.

Author(s).

Recipient(s).

Date(s).

Title and/or Document


Description.

FOIA
Exemption
No.

WIF

analysis of statements and


evidence offered by the witness.
Basis for withholding: (b) 6 &
(b) 7(C). The document is being
withheld in full to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[10-pages].
CRM 74.
[PI banker box no.
4].

Unidentified
PI Trial Atty.

Unidentified
PI Trial Atty.

Undated.

Investigative Outline.
Subject: None.
Description: This document is
broken into three separate
subparts:
Source, New Info & Impact.
This document contains
references to Sen. Ensign and
others.
Basis for withholding: (b) 5
(AWP). This document
constitutes AWP because it was
created in anticipation of the
possible criminal prosecution of
Sen. Ensign. The document
contains subjective legal analysis
by an unidentified PI Trial Atty.
involved in the investigation.
Release of this document would
reveal the authoring attorneys
mental impressions and legal
theories. For example, the
document discusses strategies for
obtaining possible evidence
related to the investigation.
Basis for withholding: (b) 5
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist
government attorneys in reaching
a decision of whether to prosecute
Sen. Ensign and because it
reflects the give-and-take by
which the government made that
decision. The handwritten notes
contain factual information and
subjective analysis intended to
inform a final decision as to
whether to prosecute Sen. Ensign.
Disclosure of this material is
likely to discourage government
employees from keeping records
of conversations or mental
impressions related to evidence or
witnesses. Disclosure would also
likely confuse the public as to the
final basis for the decision not to
prosecute, as some of the
evidence described in the notes
may have served as a basis for
that decision.
Basis for withholding: (b) 6 &

(b) 5 (AWP).
The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

RIP

ID: Reference
Number.

Author(s).

Recipient(s).

Date(s).

Title and/or Document


Description.

FOIA
Exemption
No.

WIF

(b) 7(C). The document is being


withheld in full to protect the
personal privacy interests of third
party individuals. Revealing the
names and personal information
of third parties, who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[3-pages].
CRM 75.
[PI banker box no.
4].

[ ], [ ],
PI Trial
Attys.

Jack Smith, PI
Section Chief;
Raymond
Hulser,
Principal
Deputy Atty
for Litigation;
[ ], PI Deputy
Chief.

March 7, 2011.

REVISED PROSECUTION
MEMORANDUM.
Subject: Memorandum
Recommending Prosecution as to
[ ] and [ ], Declination as to John
Ensign.
Description: This document is a
Prosecution Memo setting forth
the detailed reasoning behind
DOJs decision recommending
the prosecution/indictment of [ ]
and [ ], and further declining the
prosecution of Sen. Ensign.
Basis for withholding: (b) 3
(Grand Jury material).
Basis for withholding: (b) 5
(AWP). This document
constitutes AWP because it was
created in anticipation of
supervisory approval by DOJ
managers of a recommendation to
indict several individuals, as well
as the approval by PI managers to
decline to prosecute Sen. Ensign.
The document contains legal
theories and factual information
that was compiled by PI Trial
Attorneys during the investigation
and possible criminal prosecution
of Sen. Ensign and its release
would reveal the mental
impressions and legal strategies of
the attorneys involved in the case.
For example, the document
contains a list of the statutes that
may be used in any possible
criminal prosecution, and
revelation of that information
would improperly disclose the
attorneys legal strategy.
Basis for withholding: (b) 5
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist policy-makers
in reaching a decision as to
whether to prosecute Sen. Ensign
and because it reflects the giveand-take process by which the
government reached that decision.
The declination memo, for
example, includes factual
information and subjective
analysis, in the form of the
primary reason for immediate

(b) 3 (Grand
Jury
material), (b)
5 (AWP) &
(DPP).
The name(s)
and personal
information
of lowerlevel DOJ
employees
and third
party
individual(s)
have been
redacted
under (b) 6
& (b) 7(C).

RIP

ID: Reference
Number.

Author(s).

Recipient(s).

Date(s).

Title and/or Document


Description.

FOIA
Exemption
No.

WIF

RIP

declination. Disclosure of this


deliberative material could likely
chill the open sharing of thoughts
and impressions of ongoing
criminal prosecutions. Disclosure
is also likely to confuse the public
about the final basis for the
decision not to prosecute Sen.
Ensign.
Basis for withholding: (b) 6 and
(b) 7(C). This document has also
been withheld in full to protect the
personal privacy interests of
several PI employees and third
party individual(s). Revealing the
names and personal information
of these PI employees and third
parties, who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest. Finally, page 1 of
the Prosecution Memo contains a
banner reading:
CONFIDENTIAL []
ATTORNEY WORK
PRODUCT [] CONTAINS 6(e)
MATERIAL.
[48-pages].
CRM 76.
[PI banker box no.
5].

Unknown.

UnknownRecords/
Archives.

CLOSED DATE
07/18/2012.

PI-DOJ-CRM: FILE
MANIFEST, [0001 OF 0002].
Subject/Case Title: ENSIGN,
JOHN ET AL. (ACT #20100266).
Description: This document
contains a list of the contents of
PI banker box no. 5, and relates to
the Ensign investigation.
Basis for withholding: (b) 3
(Grand Jury material).
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld to protect the personal
privacy interests of third party
individuals. Revealing the names
and personal information of third
parties, who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page].
PI-DOJ-CRM: FILE
MANIFEST, [0001 OF 0002].
Subject/Case Title: ENSIGN,
JOHN ET AL. (ACT #20100266).
Description: This document is a
duplicate copy of CRM 62. CRM
62 is an inventory of the contents
of PI banker box no. 3, and relates
to the Ensign investigation.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld to protect the personal
privacy interests of third party
individuals. Revealing the names
and personal information of third
parties, who maintain strong

(b) 3 (Grand
Jury
material),
(b) 6 &
(b) 7(C).

ID: Reference
Number.

CRM 77.
[PI banker box no.
5].

Author(s).

Jack Smith,
PI Section
Chief.

Recipient(s).

[ ], Chief
Counsel and
Staff Director,
Select
Committee on
Ethics, United
States Senate.

Date(s).

May 23, 2011.

Title and/or Document


Description.
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page].
LTR.
Subject: Referral of Matters
Arising from the Preliminary
Inquiry of Senator John Ensign.
Description: DOJ requests the
complete evidentiary record as
developed by the Committee on
Ethics, United States Senate.
Basis for withholding: (b) 6 &
(b) 7(C). This document is being
withheld in full to protect the
personal privacy interests of [ ],
an AUSA and [ ], a PI attorney.
Revealing the name of a lower
level government employee who
maintains strong privacy interests,
would not be justified by any
ascertainable public interest.
[2-pages].

FOIA
Exemption
No.

The name(s)
and personal
information
of lowerlevel DOJ
employee(s)
have been
redacted
under (b) 6
& (b) 7(C).

WIF

RIP

From:
Sent:
To:
Subject:

[
@gmail.com]
Wednesday, December 09, 2009 8:56 PM
FW: did you call? I'm sorry

From: Fred Schwartz [mailto:fredschwartz72


S e n t : Wednesday, April
2008 6:08 PM
To:
Subject: did you call? I'm sorry

to send this if you

your

came up on my phone

Be a better friend, newshound, and know-it-all with Yahoo! Mobile. Try it now.

, teff
From:
Sent:
To:
Subject:

Fred Schwartz
Wednesday, April

to send this i f you

your number came up on my phone

2008 6:08 PM

you cali? I'm sorry

Be a better friend, newshound, and know-it-all with Yahoo! Mobile. Try it now.

fo

From:
Sent:
To:
Subject:

Fred Schwartz
Wednesday, April

to send this i f you

your number came up on my phone

2008 6:08 PM

did you call? I'm sorry

Be a better friend, newshound, and

with Yahoo! Mobile. Try it now,

From:
Sent:
To:
Subject:

@gmail.com]
Wednesday, December 09, 2009 8:56 PM
FW: did you call? I'm sorry

From: Fred Schwartz [mailto:fredschwartz72


Sent: Wednesday, April 16, 2008 6:08 PM
To:
Subject: did you call? I'm sorry

to send this if you

your number came up on my phone

Be a better friend, newshound, and know-it-all with Yahoo! Mobile. Try it now.

ff

Senator Ensign

(Wash

Home {LPs Vegas}

People

Mobii (Las

Mobil

List

Office (Wash DC]

Office

(202)
202)
(702)

(202)
(702)

(702)

(202)

202)
(202)
(775)
(202)

(918)

410)

(410)

410)

(410)

202)

(918)

(410)

(202)

(702)

(702)
(702)
(702)

(702)

(702)

(702)
(702)
(714)
(702)
(702)

(702)

NOTE:

These would be the phone ( l u m b e r s and email addresses


John

ftp.

&

t i m e period November 2 0 0 7 - June

had (2) phones purchased in March 2008 (702)

(702)

Vegas)

Email Addresses

Senator Ensign's Office

fir

JB

Doug Hampton
Ensign's Office

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-

Senator Ensign's Office

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Driven (Model: Ensign

II.

Of Staff
a.
b.
c.
d.
e.
f.
g.
h.

ft

(Model:

Role defined as "Leadership". Develop leadership models at all levels.


Work to create a company culture and climate, create company cohesion and community.
Work with
to create arid set internal policy
Teach/lead/train/coach from my experience outside the corporate world.
Involved in hiring process and creation of teams
Create a fun, fresh, new and effective working environment for employees.
Work to create a seamless synergy between core groups.
Available to mentor you and other employees that might need to confide, need an ear or
get input on spiritual/life issues. (Need to talk through this one)

III. Sr. Vice President, People Services


Hire and oversee a People Services and HR
Involved in
hiring process.
Setting and overseeing employee standards.
Creating and administering a performance evaluation process.
Creating and administering a recognition program
Involvement in the recruiting process
g. Training - (Need more clarification on this)
h. Oversee facility issues
a.
b.
c.
d.
e.

IV.

Side
a.
b.
c.
d.
e.
f.
g.

Prepare, plan and teach the Friday Forum.


Oversee and encourage the small groups.
Create opportunities for people to experience
Outreach to the Cherry Hills community.
Availability to speak, teach, facilitate when asked by an organization/group.
Cactus Cup men's golf trip".
National Prayer Breakfast state coordinator and active involvement with Washington
Fellowship

V . WHAT THIS POSITION NEEDS


Access to
levels
Credibility at
levels
To be taken seriously by executive team.
To be relevant to exec. Team
Exec. Team buy-in to established corporate culture

| J

Chief of Staff Duties

Serve as primary point of


within the Nevada Congressional Delegation staff
and the Nevada Congressional Delegation relating to Nevada and related policy
issues.

Serve as primary point of contact with Legislative Director.

Serve as primary point of contact with other Senate and House chiefs of staff
(administrative, personnel, and political matters are handled by Administrative
Assistant).
Serve as CoS point of contact for White House policy matters (with the Legislative
Director).
morning Chiefs

meetings.

Staff congressional delegation meetings and meetings with


political or personnel in nature.

unless

Ensure through training and mentoring that staff (new or existing) is proficient in all
issues within my portfolio in two years (December, 2008).
Continue to provide direction'and assistance to legislative staff, with the Legislative
Director, on issues within my portfolio, and other policy issues, with the goal of
substantial delegation of my current "details" work to other staff as appropriate.
Increase outreach to Nevada constituents, key Nevada decision makers, elected
officials, and others to ensure JE remains informed and maintains presence while
assuming additional NRSC duties.
Staff meetings as directed by JE i f necessary in his absence or senior staff is needed
a meeting.
Proper disposition of VIP and lobbyist-related requests, although some may require
action by the Administrative Assistant.
Proper and prompt referral to Administrative Assistant of all matters within his

Ensure communication with Administrative Assistant on all matters.


screening with Legislative Director of candidates for legislative hiring; consult
with Administrative. Assistant on hiring recommendations of legislative position
candidates.

Input on letters of recommendation/assistance on official letterhead, and


requests.
Attendance at fundraisers i f required (Nevada issues).

Administrative Duties (Position TBD bv

and office budget decisions (hiring, termination, staff grievances,


discipline, salaries, bonuses, leave, lobbyist-sponsored trips, etc.)
of

Enforcement and revision of office policies/procedures and ethics rules.

Enforcement of office chain of

Point of contact for office manager.

at staff retreats,

re: staff cooperation.

Attending Senate retreats off-campus with JE.


Fundraising and Fundraisers (attendance and coordination),
Political and campaign advice/input.
Liaison with NRSC and
Decisions/meetings regarding Nevada officials and candidates seeking
assistance.

political

Leader of scheduling conference calls and all-staff video conferences; determines


agenda.
Reviews JE's schedule; ensures proper balance of JE's time between

Point of contact for

and JE friends' requests.

Letters of recommendation (consult with chief of staff and Legislative Director).


Vetting candidates for Executive Branch appointments, and other positions where JE
has input.
Vetting candidates for state staff positions.

From:
Sent:
To:
Subject:

Thursday, July 10, 2008


RE: hey man

AM

From:
Sent: Thursday, July 10, 2008 8:04 AM
To:
Subject: hey man

don't say that just in response to Ensign Inc. as a client but to all decisions
that will need to make moving forward.

ft
,.
From:
To:
Subject:

congressnv@
Friday, March 28, 2008 7:32 PM '
(Ensign)
haven't spoken to you about anything but as a person who cares for you, you
talk to

Sent v i a B l a c k B e r r y by AT&T

to

. ....
From:
Sent:

To:

... .

congressnv@
Friday, March 28, 2008 7:29 PM
(Ensign)

Subject:

Sent via BlackBerry by

From:
Date: F r i , 28 Mar

.......

. .

(Ensign)"
19:16:57

Subject: Re:

_'_'original
To:
Sent: F r i Mar 28 19:09:08 2008

'

Subject: I'm sorry you're upset. I guess you know.

Sent v i a BlackBerry by AT&T

,,.

, ... ,
From:
Sent:

.' ..

Saturday, February 23, 2008 3:40 PM

From:
Sent:
To:

[congressnv@
uary
2008 3:40 PM

: /

06/30/2009 01:31 PM

Sent from my BlackBerry Wireless Handheld

- Original Message From:


To; Johnson, Elmer
Sent: Mon Dec
23:35:53 2007
Subject: RE:
Sony to hear
right or wrong

As for the baby

|com>

1 am having a similar problem with


right.

oh Thursday as everything is perfect.

I just keep reminding myself during the battle,

prayers.

From Johnson, Elmer (Ensign)


Sen
To:
Subject:
lat Cisco

Sent fi-om my BlaclcBerry Wireless Handheld

fe
|
To; Johnson, Elmer (Ensign)
Sent: Mon
Subject:
at Cisco

om>

From: Johnson, Elmer (Ensign)


Sent: Monday, December 10,20075:14 PM
Tb:|
Subject: Fw:

from my

Wireless Handheld

Sent from

!nrsc.org>

(home)

home
Let me check with

From: Johnson, Elmer (Ensign)

To:

Sent; Mon Dec 10


Subject; Fw:

2007
Cisco

Sent from my BlackBerry Wireless Handheld

,
From:
To; Johnson, Elmer (Ensign)
Sent: Mon Dec 03
2007
Subject:
Hi John,

Hope your boys are doing well?


Wanted to know if
Tech Senator!!
Best Regards,

had an email address for

know you are the

.... ...
From:
Sent:
To:
Subject:

.
@novemberinc.com]
Thursday, July 10, 2008 11:14 A M
RE: hey man

From:
Sent:

@nrsc.org].

July 10, 2008


'
'
S u b j e c t : hey man

that will

forward. .

'

don't say that just in response to Ensign inc. as a client but to.all decisions '
. ..... ,
. .

From:
Sent:
To: -'
Subject:

Friday, December

@novemberinc.com]
2008 9:16 AM

Draft

Hate to bring you back in the loop on this....certainly no fault of


Can you shed some light or hope that this is going to

November
Cell (702)

Inc.
.

but still no release on this request from D01.

@novemberinc.com]
Friday, December 12, 2008 9:20 AM

From:

Sent:
To:
Subject:

FW: Draft

you posted
From:

(Ensign)
Friday, December 12, 2008 9:18 AM
To:
.
Subject: RE: Draft EIS
Hi

@ensign.senate..gov]

have been pounding Interior and can't figure out why


top guy about this with no
I'll call again

ing

U.S. Senator John Ensign


119 Russell Senate Office Building
Washington, D.C. Z0510-Z805
phone
(202)
fax
' '
UP

WEEKLY UPDATE

From:
Sent: Friday, December 12, 2008
To:
Ensign)
Subject: Draft EIS

@NovemberInc.cbm]
'
''

Hate to bring you back in the loop on


no fault of
Can you shed some light or hope that this is going to happen?

November

'

but still no release on this request

Inc.

Cell (702)

ff

To:

nvensign@

John,
have a few significant issues. am not sure the solutions but will continue for the moment to give you the benefit of
doubt and communicate with you.
It has been a few weeks since you last contacted me and the month of May is near its end. have two clients
and Nevada Power and will not draw a salary in May. Contracts with these clients are signed and negotiated but
invoices must be paid and November Inc. has no money to pay me until these clients pay their invoices. Regardless of
the circumstance you ensured me that would not be injured as a result of leaving your organization. Your best efforts
to secure clients
created a scenario whereby was able to leave your organization which was in your best interest
This issue as important and concerning as it is to me maybe greatly impacted by the
and not be impacted
next issue.
Yesterday
shared with

had a discussion with


detail about

am really struggling with what to do

They have periodically stayed in touch and so while talking


that had not been shared.

To:
Subject:

nvensign@
Voice Message

would prefer to write you at this time so choose my words carefully and communicate effectively.
the circumstances of these past few weeks.

am very upset at

have not contacted me weekly and if you are still leaving messages or emails on the 202 number have not
First,
used that phone in weeks. This last voice mail is the first you have left on my new number which you have had for
weeks. Regardless of your best
have one client you have truly made happen for me
Air)
Nevada Power was my idea and you made a two minute phone
to
of which could have
to
setup the
No matter what the excuse as a result of your actions and your actions alone left your
organization in April doing all that was asked of me. You ensured me that you would have no issues getting at least
three clients and that more than likely would make more money consulting than did working for the Senate. Today
that is not the case and in May my income suffered. Forget the severance that was not part of the deal and that was for
having to leave her job, There was no severance for me as you stated it was not possible with government
employees.
and continue to suffer as a result what
feel strongly in spite of your efforts that have been wronged in all of
happened these last several months. also feel have treated you kindly and in a Christ like manner through these last
few months and handled myself with great professionalism. know it's been more difficult getting clients and arranging
contracts than you presented it in March in the LV office with
But the bottom line from my perspective the
scenario is wrong.
The second part of my last email dealt with the conversation that
had with
have had several direct
about the issue, So as you can tell by the tone of the note am upset
conversations with you about ensuring he not
at the ongoing issues that continues to impact me and my family and prevents us from moving past what has taken
place. I don't believe can lay this issue on anyone else but you.
absolutely believe deserve a job that pays me not penny less than what was making as your
did an
outstanding job and those are your words. My situation in needing to leave is as a result of your actions. First month
out went backwards financially....that's the bottom line. And do not beiieve November Inc.
should have to
come up with the money for me.
So that's where we are today. have scheduled a meeting with
and we shall see, but regardless of what
happens with them will more than likely take another hit in June as a result of getting these clients signed and invoices
paid to Nov, Inc.
So you know where i stand and trust you will do what is right.

From:
Sent:
To:
Subject:

Monday, July
'nvensign@

2008 9:34 AM

John
final got back to me and they have decided that

not need the service at this time.

have got to be honest with you, it is getting more and more difficult to take that high road with you and not just consult
an attorney on all that you have done to me and my family because believe this is never going to stop.

The "Open Range" opportunity needs to


because will
sit
and let my family be ruined financially
because of what has taken
At your request and your design left your organization to save your reputation and
career and mine has been ruined. What you fail to remember is have kindly and without question accepted your
decision making in this process and you have not held up any part of your responsibility. The bottom line is my career
and income have been
impacted because of you. if wasn't working on the
deal what would you do
for me? What clients are you working on currently to get my income back to where was when was asked to leave by
you?

From:
Sent:
To:
Subject:

Johnson,
Ensign@ensign.senate.gov]
Tuesday, November 20, 2007 9:04 A M

John
Sent from my BlackBerry Wireless Handheld

Johnson, Elmer (Ensig


Monday, January 28, 2008 2:48 PM

Sent:
To:
Subject:

Sent from my BlackBerry

From:
<congressnv@
To: Johnson, Elmer (Ensign)
Sent: Mon Jan 28
2008
Subject: Re:

Sent via BlackBerry by A T & T

fafafa'Vx/RRyE'I/lTlRTc'r

From: "Johnson, Elmer (Ensign)"


Date:

Jan 2008

'

Subject: Re:

'

'

' '
Sent from my BlackBerry Wireless Handheld

From: congressnv@
To: Johnson, Elmer (Ensign)
Sent: M o n Jan 28 13:00:03
Subject:

Sent via BlackBerry by A T & T

Ensign
AM

am a former senior staff member of John's working with him in his official office in DC. We have met a
few time, actually played golf once in Las Vegas with John. My wife and have a signed copy of your
and had the privilege of sitting with you the evening you spoke at the
National Prayer Breakfast a few years ago. don't expect you to remember me but am reaching out to
you because would like your help. do know about you and your relationship with John, am also aware
of the man you profess to be and the positions you have taken publicly with regards to family, integrity and
ethics.
This email is very difficult to write and ! suspect the attached letter will be difficult to read. The letter
have attached will give you a framework for
has taken place in my life and the very difficult
circumstances am facing.
am sending this note along to you because of your affiliation with Fox New and what have put in motion
at Fox News. expect some meetings and conversations to take
with the letter have sent
with Fox News as a result of my letter.
It is my strong request we speak prior to you calling John but realize cannot control what you choose to
do with the information.

Look forward to hearing from you.

US

Travel Company
8630 S. Durango Dr.
Las Vegas, NV.
O (702)
C (702)
@aliegiantair.com

i/

US Senator
to: americasnewsroom

a m sending you a FED E X overnight package with

06/11/2009 08:25 AM

very important letter to you and Fox

a m very interested in meeting to discuss its


am a former staff m e m b e r of Senator John Ensign a n d the contents of the letter are highly confidential.
trust y o u will handle accordingly.
a m very aware of the amount of correspondence you must receive, but
trust no waste of your time.
will leave m e s s a g e w i t h y o u and your staff regarding a meeting
help.

V P . Government Affairs
Travel Company
8630 S. Durango Dr.
Las V e g a s , NV.
O (702)
C(702)
allegiantair.com

assure you this is important and

hope will take place.

room

am seeking your

fixnetos.

From:
Sent:
To:
Subject:

Wednesday, December 09, 2009 9:06 PM


cox.net
FW:

From: congressnv@
[mailto:congressnv@
Sent: Sunday, F e b r u a r y 17,
PM
To:
John Ensign;
Subject:

Sent v i a B l a c k B e r r y by AT&T

From:
Sent:
To:
Subject:

Wednesday, December 09, 2009 9:06 PM


FW:

From: congressnv
S e n t : Sunday, F e b r u a r y
To:
Subject:

[mailto:congressnv
2008
John Ensign;

Sent v i a B l a c k B e r r y by AT&T

From:
Sent:
To:
Subject:

Wednesday, December 09, 2009 9:05 PM


FW:

O r i g i n a l Message----From: congressnv@
[mailto:congressnv@
Sent:
February
2008 1:22 AM
To:
Subject: Fw:

Sent v i a BlackBerry by AT&T

From: congressnv@
Date: Mon, 18 Feb 2008 09:21:22
Subject:

Sent via BlackBerry by AT&T

From:
Sent:
To:
Subject:

From: congressnv@
Sent
To:
Subject:

Wednesday, December 09, 2009 9:05 PM


FW:

18, 2008 1:22 AM

Sent v i a BlackBerry by AT&T


Original
From: congressnv
Date: Mon, 18 Feb 2008 09:21:22
To
Subject:

Sent v i a BlackBerry by AT&T

'

9-

Doug
From:
To;
Subject;

fy

From:
Sent:
To:
Subject:

Wednesday, December 09, 2009 8:49 PM


FW: is it possible to to

From: John Ensign [mailto;nvensign


Sent: Tuesday, April 01, 2008 6:37 PM
To:
Subject: is it possible to to talk

it concerns your job and a few loose ends.

;
From:
Sent:
To:
Subject:

Wednesday, December 09, 2009 8:49 PM


FW: is it possible to to talk

From: John Ensign


Sent: Tuesday, April 01, 2008 6:37 PM
To;
Subject: is it possible to to talk

it concerns your job and a few loose ends.

From:
Sent:
To:
Subject:

Wednesday, December

2009 8:49 PM

FW: can you call me on the campaign vonage phone

From: John Ensign [mailto:nvensign


Sent: Tuesday, April 01, 2008 6:52 PM
To:
Subject: can you call me on the campaign vonage phone
call my vonage at 202

Sent:
To:
Subject:

From: John Ensign


Sent: Tuesday, April
To:

Wednesday, December 09, 2009 8:49 PM


FW: can you call me on the campaign vonage phone

2008 6:52 PM

Subject: can you call me on the campaign vonage phone


call my vonage at 202

From:
Wednesday, December 09, 2009 8:51 PM

To:
Subject:

FW: is it possible to to talk

From: nvensign
Sent:
April
To:
Subject:

[mailto:nvensig
2008 6:57 PM

Re: i s i t p o s s i b l e t o t o t a l k

Ok.
Sent v i a B l a c k B e r r y by AT&T
From:
Date: Wed, 2 Apr 2008
To:"John E n s i g n "
S u b j e c t : Re: i s i t p o s s i b l e t o t o t a l k

When d i d you want t o t a l k ?


I f t o n i g h t can you g i v e me 30 t o 45 min o r so?
game j u s t ended and I have t o g e t 'her and
dinner.
Sent v i a B l a c k B e r r y by AT&T

From: "John E n s i g n " <nvensign


Date: Tue, 1 Apr 2008 21:36:46
Subject: i s i t possible t o t o t a l k

i t c o n c e r n s y o u r j o b and a f e w l o o s e ends.

From:
Sent:
To:
Subject:

Wednesday, December 09, 2009 8:57 PM


FW:t

Original
From:
Sent:
A p r i l 10, 2008 11:22
To: 'Fred Schwartz'
Subject: RE: t
Yes, but c a l l soon.

Ensign For Senate


PO Box 370667
Las Vegas,
(702)
(702)

Cell
Fax

From: Fred Schwartz


Sent: Thursday, A p r i l 10, 2008 10:57 AM
To:
Subject: Re: t
Can I c a l l 880 number
wrote:
> Yes
> Sent v i a BlackBerry by AT&T
Original
> From: Fred Schwartz
> Date: Thu, 10 Apr 2008 10:08:20
>
> Subject: Re: t
> C around 2?
>
wrote:
>> Just got your message. Can't t u n t i l l a t e morning my time.
>> Sent v i a BlackBerry by AT&T
Original
>> From: Fred Schwartz <fredschwartz72

Date: Thu, 10 Apr 2008 04:57:16


>>
>> Subject: t
>>

>> Do You Yahoo!?


>> Tired o f spam? Yahoo! Mail has the best spam p r o t e c t i o n around
>> http://mail.yahoo.com
'
>

> Do You Yahoo!?


> Tired o f spam?

V
Yahoo! Mail has the

spam p r o t e c t i o n around

nftfm

[ .:

TO

,
Federal
TO?

Re:

gn In\

on

Dear Agent

.:
fffy!j^

investigation.
I

available to discuss any

'

these

ff/'

you. I hope you have a great

U.S. Department of Justice


Criminal Division

Washington,

20530

April

Google]
Amphitheatre Parkway
CA
FAX: 650-649-2939
Re:
Dear

Request

of Records:

Department of Justice is conducting an on-going criminal investigation that involves


As part of that on-going investigation and pursuant to 18 U.S.C.
we are
requesting that information currently i n your possession related to the
address
listed below be preserved pending the issuance of formal legal process. More specifically, we are
requesting that you preserve all subscriber information, account contents (including all available
e-mail in all folders) and any saved photos or other medial related to the following customer or
subscriber:

At this time, we are expecting to obtain formal legal process in the next 90
We
acknowledge that i f we do not serve legal process
you in the next 90 days, and do not
request a 90 day extension, the preserved information may no longer be available.
I f you have any questions concerning this request,
contact me as soon as possible.
1 can be reached at (202)
request you provide written confirmation that
Google has taken appropriate measures to preserve this information, without notice to the
flecounHiMdEE. You can send such confirmation to my attention by e-mail to
or by fax to 202-514-3003. Thank
for your assistance with this

Sincerely,

Trial Attorney
U.S. Department of Justice

REPORT

APR

2 2010

DOJ

INTEGRITY
#

[4861578-722

TIME

STORED

4.

2 1 1 : 49

TIME
4.

48"

: 49
TEL

MODE

PAGE

SENT

ECM

RESULT
OK

916506492939

I M P O R T A N T ; This facsimile is
only for
use the individual or entity to which it is
It may
contain information that is privileged, confidential, or
protected from disclosure under applicable law,
the reader of this transmission is not the intended recipient or the employee or agent responsible for
to the intended recipient, you are hereby notified that any dissemination, distribution, copying or
of
or it's contents strictly prohibited, If
have received this transmission in error, please notify us
by telephoning
the original transmission us attho address given below.

FROM:
T r i a l Attorney
U.S.
of Justice
Division, Public Integrity Section
Bond Building,
12100
New York
NW
Washington, DC 20005
No.
Voice No.
DATE:

April

TO:

A T T N ; Custodian of Records
Google

FAX:

"

...

U.S.

of Justice

Criminal Division

Washington,

20530

December

2009

py
AOL,
Public Safety and Criminal Investigations Unit
20166
ATTN: Custodian of Records
FAX: (703) 265-2208
Re:

Preservation Request

Dear Custodian of Records:


Tbe Department of Justice is conducting an on-going criminal investigation that involves
several AOL users. As part of that on-going
and pursuant to
U.S.C. 2703(f),
we are requesting that information currently in your possession related to the AOL e-mail
addresses listed below be preserved pending the issuance of formal legal
More
specifically, we
requesting that you preserve all subscriber information, account contents
(including all available e-mail in all folders) and any saved photos or other medial related to the
following customer or subscriber:

At this time, we are expecting to obtain formal legal process in the next 90 days, We
acloiowledge that if we do not serve legal process upon you in the next 90 days, and do not
request a 90 day extension, the preserved information may no longer be available.
If
have any
this request,
contact me as soon as possible.
I can be reached at (202)
I
request you provide written confirmation that
AOL has taken appropriate measures to preserve this
without notice to the
account holder. You can send such confirmation to my attention by e-mail to
202-514-3003. Thanlc you for your assistance with this

Trial Attorney
U.S. Department of Justice

SSI

PEO 4 2 0 0 9
PUBLIC INTEGRITY
#
12,

STORED

TIME

17:47

SENT
17:47

PAGE
.

26"

MODE
2

EOM

RESULT
OK

TEL #

is intended only
use
individual or entity to
it is addressed. It may
contain information
is privileged, confidential, or
disclosure under applicable
If
the reader of this transmission is not the intended recipient or
employee or agent responsible for delivering
transmission to the
recipient, you are hereby notified that any dissemination,
copymg or use of
transmission or
contents is strictly prohibited. If you have received this
in error, please notify us
the
to
the address given

FROM:
Trial
U.S.

ent of Justice
Public
Bond Building, Room
York
NW
Washington, DC 20005
No.
Voice No.
DATE:

December

TO:

ATTN: Custodian of Records


AOL

FAX:

703/265-2208 %

PAGES:

Section

U.S. Department of Justice


Criminal Division

Washington,

20530

December
By Fax
Yahoo! Inc.
Team
701 First Avenue
Sunnyvale, California 94089
FAX: 408-349-7941
Re:

Preservation Request

Dear Custodian of Records:


The Department of Justice conducting on-going criminal investigation that involves
a Yahoo user, As part of that on-going investigation and pursuant to 18 U.S.C. 2703(f), we are
requesting that information currently in your possession related to the Yahoo e-mail address
listed below be preserved pending the issuance of formal legal process. More
we are
requesting that
preserve subscriber information, account contents (including all available
e-mail in all folders)
any saved photos or other medial related to the following customer or
subscriber:

At this time, we are expecting to obtain formal legal process in the next 90
We
that if we do not serve legal process Upon you in
next 90 days, and do not
request a 90 day extension, the preserved information may no longer he available.
If
have any questions
this request, please contact me as soon as possible,
I can he reached at (202)
I
request you provide written confirmation that
Yahoo has taken appropriate measurestopreserve this information, without notice to the
account holder. You can send such confirmation to my attention by e-mail to
or by fax to
Thank you for your assistance with this

Sincerely,

U.S. Department of Justice

(THU) DEC 10 2 0 0 9 1 3 : 2 8
DOJ P U B L I C I N T E G R I T Y
DOCUMENT #

TIME

4861578-501

12. 10

STORED
13

TIME

23

SENT

PAGE

13:23

MODE
2

RESULT
OK

DST. T E L #

IMPORTANT: This facsimile is


only for the
of the
or entity to which it is addressed. It may
contain
that is privileged, confidential, or otherwise protectedfromdisclosure under applicable law. If
the reader of this
is not ihe intended recipient or the employee or agent responsible for delivering the
transmission TO the
recipient, you are hereby notified that any dissemination,
copying or use of
this
or it's contents is strictly prohibited. If
have received
transmission in error,
notify us
by telephoning and return the original transmission to us the address given below.

FROM:
Trial Attorney
U.S.
of Justice
Criminal Division, Public Integrity Section
Bond
12100
York
NW
Washington, DC 20005
No.
Voice No.

202/514-3003
202

DATE;

December.

TO:

ATTN: Compliance Team


Yahoo!

FAX;

408/349-7941
re

Public Integrity
DEPARTMENT OF
JUSTICE
CRIMINAL DIVISION

FILE MANIFEST
TO BE USED FOR ALL BOXES

E N C L O S U R E O R ANY R E C O R D B O X INFORMATION
NUMBER

(If Applicable)

PERMANENT
OR
TEMPORARY

BOX

NUMBER

C L O S E D DATE

S U B J E C T TO
PRIVACY A C T

S U B J E C T TO
PRESERVATION/
LITIGATION H O L D

0001

07/18/2012

50
DJ

NUMBER O R PROGRAM
NAME

ENCLOSURE
NO.

POC /PHONE

SECTION

(If Applicable)

186-16-2367

003

PI

SUBJECT/CASE TITLE

ENSIGN, JOHN ET AL.


BOX

CONTENTS

Ensign
Presentence Investigation Report
Interview and Deposition by Senate Select Committee on Ethics
Revised Prosecution Memorandum
Working Copy - SSCE Stuff

SECURITY

LEVEL

Public Integrity
DEPARTMENT OF
JUSTICE
CRIMINAL DIVISION

FILE MANIFEST
TO BE USED FOR ALL BOXES

E N C L O S U R E OR ANY R E C O R D BOX INFORMATION

NUMBER
(If Applicable)

PERMANENT
OR
TEMPORARY

BOX

0001 OF 0002

PR
DJ NUMBER OR PROGRAM
FILE NAME

186-16-2367

NUMBER

ENCLOSURE
NO.
(If Applicable)

0002

POC /PHONE

CLOSED DATE

SUBJECT TO
PRIVACY ACT

SUBJECT TO
PRESERVATION/
LITIGATION HOLD

SECTION

SECURITY LEVEL

07/18/2012

PI

SUBJECT/CASE TITLE

ENSIGN, JOHN ET AL
BOX

CONTENTS

Case
~
Senator John Ensign
1. Original - Unredacted Letter from Tab 36 of Ensign Corr./ Submissions
2. 2 Copies of SSCE(#Tab 7) Report (Misc.
SSCE0008431) (Misc
SSCE0008435).
3. Copy of United States Senate Letter (From Johnny Isakson to Eric H. Holder, Jr.)
4. Transcript of the Testimony of
(Original).
5. U.S. District and Bankruptcy Courts for the District of Columbia (Exhibits YJ-3 through
6. Transcript of the Testimony of
7. # 124 Extra page, # 109 To be scanned.
8.
.
9.
10.
(Confidential Reports).
Copy Of Letterhead from Shumway Van & Hansen CHTD. to Special Agent
14.

Public Integrity
DEPARTMENT OF
JUSTICE
CRIMINAL DIVISION

.
FILE MANIFEST
TO BE USED FOR ALL BOXES

E N C L O S U R E OR ANY R E C O R D BOX INFORMATION

NUMBER
(If Applicable)

PERMANENT
OR
TEMPORARY

BOX

0001 OF

PR
DJ NUMBER OR PROGRAM

186-16-2367

NUMBER

ENCLOSURE
NO.
(If Applicable)

0001

POC /PHONE

CLOSED DATE

SUBJECT TO
PRIVACY ACT

SUBJECT TO
PRESERVATION/
LITIGATION HOLD

SECTION

SECURITY LEVEL

07/18/2012

PI

SUBJECT/CASE TITLE

ENSIGN, JOHN
BOX

CONTENTS

Senator John Ensign


1. Letters from United States Senate (From
to
), Report
Preliminary Inquiry Into The Matter of Senator John E. Ensign (Contains References to Tainted
Materials). Confidential Information (Copies).
2. Listing of Sub 302 Serials, Financial Reports for John Ensign, FBI Reports (Open Source), Web
Articles.
3. Center for Responsive Politics (Financial Records), FBI Reports (Copy).
4. U.S. Senate Select
on Ethics, May
DOJ Referral Materials (Volumes 1-3).
5. Public Integrity Section to

U.S. Department of Justice


Criminal Division

Washington, D.C. 20530

Chief Counsel and Staff Director


Select Committee on Ethics
United States Senate
220 Hart Senate Office Building
Washington, DC
Re:

Referral of Matters Arising from the Preliminary Inquiry of Senator John

Dear Mr.
The Department of Justice has received the May
Referral of Matters Arising
from the Preliminary Inquiry of
John Ensign provided by the
Committee
on Ethics. In order to review the allegations referred by the Committee as thoroughly and fairly
as possible, we request that the Committee make available the complete evidentiary record
developed by the Committee, including, but not limited to, transcripts of depositions,
memoranda of interviews, and binders containing documents obtained by the Committee from
third parties, including Senator Ensign.
The Department understands and respects the sensitivity of materials provided by the
Committee, and agrees that these materials will be handled appropriately. In particular, the
Department agrees that it will take the following precautions regarding the handling of these
materials:
(1)

All Committee materials will be obtained from the Committee by a federal law
enforcement agent or Department representative designated in advance by the
Department.

(2)

The materials will be maintained and controlled by personnel from the United
States Attorney's Office for the District of Columbia, the Public Integrity Section,
and the FBI.

(3)

The documents will be used solely by Department personnel and law enforcement
agents for the purpose of investigating potential violations of federal criminal law.

(4)

Any use of Committee materials before a federal grand jury will be governed by
the secrecy provisions of the Federal Rules of Criminal Procedure.

(5)

At the conclusion of the investigation, the original materials and copies will be
returned to the Committee, or, in accordance with Department procedure,
destroyed or placed in secure storage.

As you know, Assistant United States Attorney


is the filter attorney for
the Department on this matter, and he will make arrangements to obtain materials from the
Committee.
We look forward to the Committee's continued cooperation on this matter. If you have
any questions, please feel free to contact either Trial Attorney
at (202)
or Assistant United States Attorney
at (202
Sincerely,

Chief
Public Integrity Section

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04/11/2008

Account
Title & Address

Internal U s e

Account
BANK OF NEVADA
7251 W

Date:

FOR SENATE

MEAD BLVD.

108

CAMPAIGN

LAS VEGAS, NV
PO BOX
LAS VEGAS, NV

Ownership
IMPORTANT ACCOUNT OPENING INFORMATION: Federal law requires
us t o obtain sufficient information t o verify your identity. You may be
asked several questions and to provide one or more f o r m s of
t o fulfill this requirement. In some instances w e may use
outside sources t o confirm the information. The information y o u provide
is protected b y our privacy policy and federal law.
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Owner Information on page 2 . There is additional
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Owner/Signer

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JOHN ENSIGN

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Individual

accounts.

[~1 Corporation - For Profit

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community property)

Corporation Partnership
i

Joint w i t h No Survivorship
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Information 1

Name

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ownership

] Sole Proprietorship
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LAS VEGAS, NV

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information

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agency(ies) on them as individuals. Except as otherwise provided by law
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provided the required number of
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ollowing:

Name
Relationship to
Account (Owner
and/or
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SIGNER

Address

Mailing Address
(If different)

If checked, this is a temporary account agreement.


Number of signatures required f o r w i t h d r a w a l : ONE

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Work Fhone

(702)

]
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PO SOX 3 7 0 6 6 7 , LAS VEGAS, NV

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Opened by:

DATE ACCOUNT OPENED:

TIN:
SUPERCEDES CARD DATED:

ACCOUNT PASSWORD:

certify u n d e r penalties o f perjury t h e s t a t e m e n t s c h e c k e d in


t h i s s e c t i o n a n d that a m a U . S . p e r s o n (including a U . S .
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(page

Signer's 1 through 4
Institution Name & Address

Account Agreement

Date:

Internal Use Account


Account Title & Address

BANK OF NEVADA
7251 W
MEAD BLVD. STE108
LAS VEGAS,

ENSIGN FOR SENATE


CAMPAIGN
PO BOX
LAS VEGAS, NV

Ownership
IMPORTANT ACCOUNT OPENING INFORMATION: Federal law requires
us to obtain sufficient information to verify your identity. You may be
asked several questions and to provide one or more forms of
Identification to fulfill this
some Instances we may use
outside sources to
the information. The
you provide
is protected by our privacy policy and federal law.
Enter Non-Individual Owner Information on page 2. There Is additional
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Owner/Signer

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Name

JOHN ENSIGN

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| Joint with Survivorship


(not as tenants in common or
community property)
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Community Property (no
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Bnployer: US
Occupation: SENATOR

Mothers Maiden Name

Owner/Signer

Information

Name
Relationship to
Account
and/or Signer, etc.)

SIGNER

Address

Mailing Address
(if different)

AS ABOVE

Home Phone
Work fhone

If checked, this is a temporary account agreement.


Number of signatures required for withdrawal: ONE

Signature(s)
The undersigned authorize the financial institution to investigate credit
and employment history and obtain reports from consumer reporting
agency(ies) on them as
Except as otherwise provided by law
or other documents, each of the undersigned is authorized to make
withdrawals
the account, provided the required number of
signatures indicated above is
The undersigned personalty and
as, or on behalf of, the account owner agree to the terms of, and
acknowledge receipt of copy{ies) of, this document and the
Terms and Conditions
Fund Transfers
Substitute Checks
Common Features

Privacy
TO
X Truth in Savings
X Fiinds Availability
Account Disclosure

(702)

Mobile Phone
E-Mail
Birth Date/Birth

Gov't Issued
Type, State, Number
Issue Date,
Date

Drivers License

Other
(Description, Details)
Bnployer &
Occupation

Bnployer:
Occupation:

Mothers Maiden Name

Authorized Signer (if checked and account is individual and consumer


rtilSiAAVA
purpose, the last of the above signers
is an Authorized Signer.) \
(page 1

z)

Owner/Signer
Relationship to
Account (Owner
and/or
etc)

Information

Non-Individual

Owner

Name

ENSIGN FOR SENATE

Information

BN
Fhone

SIGNER

(702)

Mobile

Address

EMail
Type of Entity

Mailing Address
(It different)

A S ABOVE

State/Country & Date


of

Phone
Work

POLITICAL PARTY

Nature of
Business

Mobile Fhone
E-Mail

PO BOX

Address

Birth

Race

LAS V E G A S , NV

SSN/TIN
Gov't Issued
Type, State, number,
Issue Date, B p . Date

Mailing Address
(if different)

Drivers

Resolution Date

Other
(Description, Details)

Previous
Financial

Bnployer &
Occupation

Account Description

Occupation:

Account #

Initial Deposit/Source

BUSINESS MONEY

Maiden Name

Information

MARKET

Cash

Check

| Cash

Check

Name
Relationship to
Account (Owner
and/or Signer, etc)
Address

XXXXXXXXXXXXXXXX XXXXXXXXXXXXX

Mailing Address
(if different)

XXXXXXXXXXXXXXXX XXXXXXXXXXXXX

Home Phone

XXXXXXXXXXXXXXXX XXXXXXXXXXXXX

Work Phone

XXXXXXXXXXXXXXXX XXXXXXXXXXXXX

Mobile Fhone

XXXXXXXXXXXXXXXX XXXXXXXXXXXXX

Services

E-Mail
Birth Date/Birth

Gov't
Photo
Type; State, Number,
Issue Date, B p , Date

Other

Details)
Employer &
Occupation

Check

Requested

ATM

Other

Debit/Check Cards (No. Requested:,

Terms/Information
Code:

Occupation:

Port
Responsibility

Mothers Maiden Name

Backup Withholding

Certifications

(If not a "U.S. Person," certify foreign status separately.)

Opened by:

DATE ACCOUNT OPENED:

[ X ] Taxpayer
Number (TIN) - The number shown above is my
correct taxpayer identification number.

SUPERCEDES CARD DATED:

[X] Backup Withholding


am not subject to backup withholding
either because have not been notified that am subject to backup
as a result of a failure to report all interest or dividends,
or the Internal Revenue Service has
me
am no longer .
subject to backup withholding.

ACCOUNT PASSWORD:

| | Exempt Recipients
am an exempt recipient under the Internal
Revenue Service Regulations.

| certify under penalties of perjury the statements checked in


this section and that J am a U.S. person (including a U.S.
"

(page

2)

John-

ENSIGN
U.S. SENATE
Date: April 21, 2008
To: Bank of Nevada
From: Ensign for Senate

This letter is to notify you on our Account #


John E. Ensign will remain a signer and

and on our Account


and

added as signers on this account effective immediately.


If you have any questions please

free to contact me at (702)

Thank you,

Paid for and authorized by Ensign for Senate


P.O. Box 370667 Las Vegas, Nevada 89137 Phone (702) 880-1000
Not printed at taxpayers' expense.

are being

CORRECTED (if checked)

P A Y E R ' S name, street address, city, state, ZIP code, and telephone no,

Rents

ENSIGN FOR SENATE


228 S. WASHINGTON ST., STE. 115
(ALEXANDRIA, VA 22314
703

Royalties

Other income

Fishing boat proceeds

P A Y E R ' S federal identification


number

RECIPIENT'S identification
number

RECIPIENTS name, street address (including apt. no.), city, slate, and ZIP code

Section

income

Federal Income tax withheld

Copy B
For Recipient

care

Substitute payments in lieu of


dividends or interest

This is important tax


information and is
being furnished to
the internal Revenue
Service. If you are
required to
a
return, a negligence
penalty or other
sanction may be
imposed on you if
this income is

5000.00 $
9

Section 409A deferrals

Miscellaneous
Income

08

compensation

Account number (see instructions)

OMB No.

Payer made direct sales of


10
$5,000 or more of consumer
products to a buyer
(recipient) tor resale
| |

Crop insurance proceeds

13

Excess golden parachute


payments

14

Gross proceeds paid to


an attomey

determines that it
has not been
reported.

16

State tax withheld

17

State/Payer's state no.

State income

$
(keep for your records)

CORRECTED (if checked)

P A Y E R ' S name, street address, city, state, ZIP code, and telephone no.

FOR SENATE
228 S. WASHINGTON
ALEXANDRIA, VA 22314
703

P A Y E R ' S federal identification


number

Department of the Treasury - Internal Revenue Service

STE. 115

| T

OMB No.

Rents

R E C I P I E N T S identification
number

Royalties

Other income

Fishing boat proceeds

08
4

Miscellaneous
Income

Federal income tax withheld

Medical and heatlh care paymenls

Copy 2
To be filed
with
recipient's
state income
tax return,
when
required.

$
RECIPIENTS name, street address (including apt.

city, state, and ZIP code

Nonemployee

Payer made direct sales of


$5,000 or more of consumer
products to a buyer
(recipient) tor resale

Substitute paymenls in lieu of


dividends or interest

5000.00
Crop insurance proceeds

NW,
Excess golden parachute
payments

14

Gross proceeds paid to


an attorney

$
15a Section 409A deferrals

15b Section 409A income

State tax withheld

State/Payer's state no.

18

State income

$
Department of the Treasury -

Revenue Service

From:
Friday, March 07. 2008 9:00 A M

Subject:

CQ: PACs Rush to Drop NRCC Treasurer

|
i
j

CQ TODAY PRINT EDITION


March

PACs Rush to Drop NRCC Treasurer


By Bart Jansen, CQ Staff
The man the center of a burgeoning fiscal scandal involving the National Republican Congressional Committee served as treasurer
for dozens of political fundraising committees, and lawmakers are quickly distancing themselves from
At least
members of Congress have dropped
committees.

Ward as treasurer of their re-election campaigns or political action

Some committees said they had no complaints about Ward


his performance as fiduciary officer, but felt obliged to separate
themselves from the problems at the National Republican Congressional Committee (NRCC),
That same dynamic could continue to play out in the weeks ahead. Ward served as treasurer for at least 32 committees in recent years.
According to Federal Election Commission records, he remains an officer of record with most of them.
The FBI is investigating potential mismanagement of funds at the request of the NRCC, 'We feel very strongly that until names are
cleared or not, you can't take a chance on it," said Sen, John' Ensign , R-Nev., who dropped Ward as treasurer of his Battle
PAC,

Severed Ties
Battle Born PAC raised $423,932 last year and spent $474,365. Ward became treasurer March 29,
and filed a year-end report on
Jan.
After Cynthia Hampton became the new treasurer Feb. 12, she filed an amended year-end report eight days later.
A spokeswoman described the amendment as fixing routine bookkeeping errors unrelated to Ward.
V

tl

Tnr

toWrtHtlflWe

Senate Majority Committee raised


registered Hampton
its treasurer Feb.

last year. Ward was listed as treasurer from April 2006 to January

The committee

Ensign said he didn't know Ward personally but had removed him in reaction to news coverage of the investigation. The committee
auditing its records to "make sure nothing was done wrong," Ensign said,
"We're just making sure, and that's why we're having a full-blown audit done on the whole thing," he said.
Ward's lawyer, Ronald

declined to

Other GOP political committees that have severed ties with Ward:
Montana Rep. Denny

Building Our Opportunities Together committee;

Pennsylvania Rep. Phil

Prosperity Helps Inspire Liberty PAC;

'

'

"'

New York Rep, James T.


New York Rep.

Commitment to Outstanding Leadership PAC;

T,

Know-How and Integrity in our Government PAC;

Virginia Rep. Robert W.

Good Fund;

Texas Rep. Jeb Hensarling Jobs, Economy and Budget Fund;

i
Committee to

J,

Rehberg's committee raised


Kuney became treasurer Jan.

of New York,
and spent $9,510. Ward was treasurer from

to Jan.

Lorna

English's PAC raised $155,585 last year and spent $129,957. Ward was treasurer from 2002 until Lisa Lisker took over on Feb. 7,
2008.

"I can tell you that upon hearing the NRCC news, immediate steps were taken to remove Mr. Ward as the treasurer," said Julia
Wanzco, spokeswoman for English. "When we did make the switch, there was no knowledge of any wrongdoing on his part."
from the NRCC,

"We have severed ties with this vendor as of last week and have hired a new accounting firm," said Georgea Kay, spokeswoman for

Ward worked for


PAC from January 2005 to February 2008, The PAC raised
last year and spent
He
worked for the Walsh PAC front May 2005 to January 2008; for King's PAC from April 2006 to January 2008; for Hensarling's PAC from
February 2006 to January 2008; and for Fortufio's PAC from 2004 until Maria Sanchez Bras replaced
on Feb.
Ward had been a longtime staff member for the NRCC, going on
November 1995 and serving as treasurer off and on from
May 2003. He was paid $95,255 last year as a staff member through July and then a strategic-planning consultant after Aug. 3.
On Feb. 1, Rep. Tom
an FBI investigation.

the chairman of the NRCC, announced

in our financial audit process" that prompted

Rep. K. Michael
R-Texas, who is an accountant, sparked the investigation after becoming head of the NRCC's internal audit
committee last fall. Conaway said he asked repeatedly for a meeting with auditors without staff, but Ward canceled a January meeting
just before it was to begin.
Conaway discovered that no audits had been conducted for years. "He was a trusted employee, somebody we put our faith and trust
in," Conaway said. "All we know is we have an audit issue,"
He said the committee has given the FBI's forensic accountants "unfettered access to everything we've got,"
The

set no timetable tor completing its investigation, Conaway said. "All of us are anxiously awaiting the results," he said.

The previous NRCC chairman, Rep. Thomas M. Reynolds of New York, said he thought audits were being performed on a regular
basis.
now appears over an extended period of time a long-serving, professional staff member may have put together an elaborate scheme
resulting in financial irregularities that are currently under review," Reynolds said.
Alex Knott, Greg Vadala and Molly Hooper contributed to

Communications Director

story.

Senatorial Committee

www.NRSC.org

_ _
i

_
i

From:
Sent:
To:
Subject:

@novemberinc.com]
2008 9:16 AM
Friday, December
(Ensign)'
Draft

Hate to bring you back in the loop on


Can you shed some light or hope that this is going

November
Cell

Inc.

no fault of
happen?

but still no release on this request from DOI.

From:
Sent:
To:
Subject:

Friday, December

@novemberinc.com]
2008
AM

FW: Draft

keep you posted


From:
(Ensign) [mailto
Sent: Friday, December
2008 9:18 AM

@ensign.senate.gov]

Subject: RE: Draft EIS


Hi
calling

have been pounding Interior and can't figure out why this hasn't come out....they said it would. I've been
top guy about this with no luck. I'll call again today.

U.S. Senator John Ensign


119 Russell Senate
Building
Washington, D.C.
phone
(202)
fax

UP FOR ENSIGN'S WEEKLY UPDATE


From:
@NovemberInc.com]
Sent: Friday, December 12, 2008 12:16 PM
To:
(Ensign)
Subject: Draft EIS

Hate to bring you back in the loop oh


no fault of
Can you shed some light or hope that this is going to-happen?

November
Cell (702)

Inc.

but still no release on this request from DOI.

From:
Sent:
To:
Subject:

Friday, December 12, 2008 9:25 AM


(Ensign)'
RE: Draft EIS

The sadness to this issue is the interconnect for the line transmission is tied up in this
Thanks
really appreciate
draft and is really
the Power Company is interested in moving on
this time, They realize that the Ely Coal Plants a
part of it is on hold for sometime (not to mention impossible to get financing) but DOI is really hurting Nevada and it's
ability to move (an aspect of
that even
really wants) forward on connecting the North and South. Maybe
passing along this part of the message would be helpful.
From:

(Ensign)
Friday, December 12, 2008 9:18 AM

To:
Subject: RE: Draft EIS
Hi
calling

have been pounding Interior and can't figure out why this hasn't come
top guy about this with no luck. I'll call again today.

said it would.

been

U.S. Senator John Ensign


119 Russell Senate Office Building
Washington, D.C.
(202)
phone
fax

UP FOR ENSIGN'S WEEKLY UPDATE


From:
@Novemberrnc.com]
Sent: Friday, December 12, 2008 12:16 PM
To:
(Ensign)
Subject: Draft EIS

Hate to bring you back in the loop on this....certainly no fault of


Can you shed some light or hope that this is going to happen?

November

but still no release on this request from DOI.

Inc.

Cell (702)
novemberinc.com

May 21 09 05:09p

Settlement
$1,660,000

Purchase our home

Employment
Loss of AA position
per year] .
5 years of work and
(was asked to leave by John as a result of his actions),
Loss of VP postion with
many years to recoup career? 5 years)
Salary
Bonus
k)
Stock
6000 shares
$40 per share)
(necessary t o leave the industry as a result John's actions)

Retirement Life

$870,000

$1,125,000

$240,000
$1,000,000

Education
$50,000

Required for job placement in new career


Relocation
Moving expenses
(Two times, first to get away from current location and second move
out of the state. Our children
finish school in Nevada)

$15,000

$3,500,000

All t h e damages
Tort
Pain & Suffering
(what's the correct amount given the magnitude of the offense and
associated with
action)
Punitive

knowingly
willingly
deliberate
negligent
fraudulent
nd nsurance
(Recovery
all members

our family, health insurance)

Legal Fee's
Total

ft

$8,460,000

fely/"~-

fe) [

ft faff
ft**

'

(OU

ft ft

Purchase our home

Employment
Loss of AA position

($174K per year)

$870,000

5 years of work and development


(was asked to leave by John as a result of his actions)
Loss of VP postion with Aliegiant (how many years to recoup career? 5 years)

$1,125,000

Salary
($150K)
Bonus
($75k)
Stock
(currently 6000 shares
$40 per share)
(necessary to leave the industry as a result of John's actions)
Retirement & Life Insurance

$240,000
$1,000,000

Education
Required for job placement in new career

$50,000

Relocation
Moving expenses
(Two times, first to get away from current location and second move
the state. Our children will finish school in Nevada)
All the damages

$3,500,000

Tort
Pain

Suffering

(what's the correct

the magnitude of the offense and

suffering associated with ongoing action)


Punitive

knowingly
willingly
deliberate
negligent
fraudulent

Counseling and Insurance


(Recovery

all members of our family, health Insurance)

Legal Fee's
Total

$8,460,000

(9
*

Public Integrity
DEPARTMENT OF
JUSTICE
CRIMINAL DIVISION

FILE MANIFEST
TO BE USED FOR ALL BOXES

ENCLOSURE OR ANY RECORD BOX INFORMATION


NUMBER

(If Applicable)

PERMANENT
OR
TEMPORARY

BOX

NUMBER

CLOSED DATE

S U B J E C T TO
PRIVACY A C T

SUBJECT TO
PRESERVATION/
LITIGATION HOLD

71
DJ

NUMBER O R PROGRAM

FILE NAME

ENCLOSURE
NO.

POC /PHONE

SECTION

SECURITY

(If Applicable)

0002

PI

SUBJECT/CASE TITLE

ENSIGN, JOHN ET A L
BOX

CONTENTS

Case
Senator John Ensign
Original - Unredacted Letter from Tab 36 of

Corr./ Submissions Binder(Misc

2. 2 Copies of SSCE(#Tab 7) Report (Misc.


SSCE0008431), (Misc.
SSCE0008435).
3. Copy of United States Senate Letter (From Johnny Isakson to Eric H. Holder, Jr.)
4. Transcript of the Testimony of
(Original).
5. U.S. District and Bankruptcy Courts for the District of Columbia (Exhibits YJ-3 through
6. Transcript of the Testimony of
7. # 124 Extra page, # 109 To be scanned.
8. Credit Profile Report.
9.
US Department Of Transportation(Confidential Reports).
12.
Copy Of Letterhead from Shumway Van & Hansen CHTD. to Special Agent
14. Exhibits

LEVEL

BARBARA B O X E R , CALIFORNIA, CHAIRMAN

TELEPHONE: (202)

JOHNNY ISAKSON, GEORGIA, VICE CHAIRMAN

FACSIMILE: (202)
T D D : (202) 228-3752

PAT ROBERTS, KANSAS


JAMES E.
IDAHO

B R O W N , OHIO
BENJAMIN
CARDIN, M A R Y L A N D

J O H N C. S A S S A M A N , CHIEF C O U N S E L A N D S T A F F DIRECTOR
ANNETTE
DEPUTY S T A F F DIRECTOR

SELECT COMMITTEE ON ETHICS


HART SENATE OFFICE BUILDING, ROOM 220
SECOND A N D CONSTITUTION AVENUE, NE
WASHINGTON, DC

May
The Honorable Eric H. Holder, Jr.
Attorney General
U. S. Department of Justice
Pennsylvania Avenue, N.W.
Washington, DC 20530
Re: Referral of Matters Arising from the
Preliminary Inquiry of Senator John Ensign
Dear Mr. Attorney General:
The Committee conducted a preliminary inquiry into allegations that former Senator John
Ensign violated federal law and Senate rules, and engaged in improper conduct that reflects on the
Senate. In the course of its inquiry, the Committee discovered information giving it reason to believe
that Senator Ensign and others violated laws that fall within the Department of Justice's jurisdiction.
Under Supplementary Procedural Rule 7(a), the Committee "shall" report to
proper
authorities whenever it has reason to believe that a violation of law may have occurred.
Accordingly, the Committee refers the enclosed summary and evidentiary materials showing
that Senator Ensign and others:

aided and abetted violations of the one-year post-employment contact restriction,


conspired to violate that restriction,
made false statements to the Federal Election Commission,
violated campaignfinancelaws, and
obstructed the Committee's preliminary inquiry.

Please advise the Committee if we may be of any further assistance.


Sincerely,

Chairman
cc:

The Honorable Ron Weich


Assistant Attorney General
Office of Legislative Affairs
U.S. Department of Justice

Enclosures

Summary of Potential Violations


During the Committee's preliminary inquiry of Senator John Ensign, the Committee
retained Special Counsel Carol Elder Brace to advise the Committee in its examination into
whether
Senate rules, federal law, or standards of conduct regarding the
termination
contacts
with the Senate, and payments made to
Thefindingsof the Special Counsel
provide the basis for the Committee's determinations regarding potential violations
law by
Senator Ensign and others as outlined below.
The Committee has determined that there is reason to believe that Senator Ensign
Lviolations of 18 U.S.C. 207(e)(2) by his
record before the Committee demonstrates that
post-employment lobbying ban
Senator Ensign's
office on multiple occasions, on behalf of others, with the intent to influence official actions by
Senator Ensign and his staff. Senator Ensign
setting up his lobbying
practice and obtaining clients for that practice with the knowledge
lobbying his Senate office. Senator Ensign was also aware that
was contacting his
Senate office and was aware of at least some of the specific
in
violation of 18 U.S.C.
the contacts
the
direct his contacts
Ensign did this despite his knowledge that
|had already contacted his office in violation of both Senateralesand federal law.
Furthermore, Senator Ensign had his own contact
and took official action on
behalf flHHHI^Hclients as a result of all of these communications.
The Committee has also determined that there is reason to believe that Senator Ensign
(made false and misleading statements to the Federal Election Commission
("FEC") in connection
the FEC's
of a payment of $96,000
violation of
U.S.C. 1001 and 1505, and
excessive and unreported contributions to the
Senator's
leadership PAC. The record before the Committee indicates
that Senator
sworn affidavits to the FEC, all dated August
2009, in connection with a complaint against the Senator's principal campaign committee and
leadership PAC, alleging that the $96,000 payment to j
constituted severance and, thus, was an excessive
and unreported contribution to the committees. The FEC's General Counsel urged the
Commission to find that there was reason to believe that the $96,000 payment was, in fact, an
excessive campaign contribution and recommended an investigation into the matter. In
dismissing the complaint, the FEC commissioners relied on the affidavits from|
the payment was not intended as severance for
to the
in keeping with a pattern of gift giving between j

However, the record before the Committee demonstrates that the $96,000 payment was
intended as severance
was made in connection
the

termination offtimremploymentby Senator Ensign. At the time of the payment, Senator Ensign
informed
they would be receiving the "equivalent" of severance and that the
amount would reflect pay and health insurance expenses. Senator Ensign also referred to the
payment as severance to numerous individuals, identified the payment as severance in his
electronic journal and in drafts of his public statement disclosing his affair with|
and did not remove the reference to the payment as severance in his statement until he was
advised that calling the payment severance could expose him to criminal charges. Furthermore,
before the Special Counsel that they
have a history of
making gifts to the Hamptons and were not personally close to the
Instead, all the
gifts from
the affidavits to the FEC appear to have
come fiom Senator Ensign|
Because the record before the Committee demonstrates that
of the
$96,000 payment
fiom Senator Ensign's principal campaign committee and
leadership PAC was a severance, the Committee has also determined that there is reason to
believe that payment was an excessive and unreported contribution, in violation of 2 U.S.C.
4 41a(a),
Finally, the Committee has determined that there is reason to believe that Senator Ensign
and members of his staff permitted spoliation and obstruction of justice by deleting documents
relevant to the Committee's inquiry, in violation of 18 U.S.C. 1505 and 1519. In a sworn
affidavit to the Committee, Senator Ensign acknowledged that he continued to delete emails
from his home desktop computer and his personal Gmail account after he received document*
preservation notices. The record before the Committee also indicates that Senator Ensign
permitted his staff to delete his personal Gmail account containing emails relevant to the
Committee's inquiry, and that he continued to delete emails on his Senate computers after the
date of the preservation notices.

Department ofJustice
Criminal Division

B.C.

March

Google
Parkway
CA 94043
650-649-2939
Preservation
Dear Custodian of Records:
The, Department of Justice conducting on-going criminal investigation that involves
As part of that on-going investigation and pursuant to 18

we avc
that information currently your possession related to the
address
listed
preserved
issuance of formal legal process.
specifically, we are
requesting
you preserve all subscriber information, account contents
all available
in all folders) and any
photos or other medial
the following
or,
subscriber:

At thistime,we are expecting to obtain formal legal process iitthe next 90 days. We
acknowledge that if we do not serve legal process upon you in, the next
days,
do not
request a 90 day extension, the preserved
may no longer be available.
If
have any
concerning this request,
contact
as soon as
I
be reached
I
provide written
that
Google has taken appropriate measures to preserve this information,
notice to the
holder, You can send such
to my attention by e-mail to
or by fax to
for your
with this
matter.

Sincerely,

Department of

TRANSMISSION

*t

(TOE) MAR
PUBLIC
MODE

DOCUMENT #"
3.

3.

1 .1.6:42

43"

OK..

T E L # .
,

TOs'facsMte'is intended onlyforfhe


entity
is addressed, It
contain information that is
or
from.dlsclosure
applicable
reader of this
is
intended recipient or
agent responsible
the
transmission the
are hereby
any
distribution, copying or use of
this
%
prohibited, If
have received this
error,
us
the
,
, . ..

FROM:
Trial Attorney
Department of Justice
Criminal Division, Public Integrity Section
Building, Room
Yo rk
NW
Washington, DC
No.
Voice

202

March
TO:

ATTN;
Google

FAX:
CTo-'

050-649-2939

'r'

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