FOIA Response From DOJ's Office of Legal Counsel About The Presidential Advisory Commission On Election Integrity - March 30, 2018

U.S.
Department of Justice
Office of Legal Counsel
Washington, D. C. 20530
March 30, 2018
Wendy R. Weiser
Director, Democracy Program
Brennan Center for Justice at NYU School of Law
weiserw@brennan.law.nyu.edu
Re: FOIA Tracking No. FYl 7-218, FYl 7-270;

Brennan Ctr. for Justice v. U.S. Dep't of Justice, S.D.N.Y. No. 17-cv-6335
Dear Ms. Weiser:
This letter constitutes a second response to your May 15, 2017 and July 25, 2017
Freedom oflnformation Act ("FOIA") requests on behalf of the Brennan Center for Justice and
The Protect Democracy Project to the Office of Legal Counsel ("OLC"), seeking a variety of
records "relating to the Presidential Advisory Commission on Election Integrity or any other
effort since November 8, 2016 to establish a commission, task force, or committee to study voter
fraud or any aspect of the voting system." As you know, the requests have been assigned
tracking numbers FYl 7-218 and FYl 7-270, and are also the subjects of the above-captioned
litigation. You were provided a first response on December 29, 2017, which enclosed one
responsive record.
Since the last partial response, we have processed 2,133 pages ofresponsive records. We
are enclosing 226 pages of responsive records, with material redacted as exempt from disclosure
pursuant to FOIA Exemptions Five, 5 U.S.C. § 552(b)(5), and Six, 5 U.S.C. § 552(b)(6). The
material redacted pursuant to Exemption Five is protected by the attorney-client, deliberative
process, and/or presidential communications privileges, or by the attorney work product doctrine.
Disclosure of the material redacted pursuant to Exemption Six would constitute a clearly
unwarranted invasion of personal privacy. We have withheld the remaining 1,907 pages in full
pursuant to Exemption Five based on the privileges identified above, and in part pursuant to
Exemption Six. We have determined that none of the withheld material is appropriate for
discretionary release. We are continuing to consult with other entities on a small number of
remaining records, totaling 62 pages, and will provide a final response soon.
For your information, Congress excluded three discrete categories of law enforcement
and national security records from the requirements of the FOIA. See 5 U.S.C. § 552(c). This
response is limited to those records that are subject to the requirements of the FOIA. This is a
standard notification that is given to all our requesters and should not be taken as an indication
that excluded records do, or do not, exist.
You may contact the Office of Government Information Services ("OGIS") at the
National Archives and Records Administration to inquire about the FOIA mediation services
they offer. The contact information for OGIS is as follows: Office of Government Information
Services, National Archives and Records Administration, Room 2510, 8601 Adelphi Road,
College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll
free at 1-877-684-6448; or facsimile at 202-741-5769.
Although your request is the subject of ongoing litigation, and administrative appeals are
not ordinarily acted upon in such situations, I am required by statute and regulation to inform
you of your right to file an administrative appeal. You may administratively appeal by writing to
the Director, Office of Information Policy ("OIP"), United States Department of Justice, Suite
11050, 1425 New York Avenue, NW, Washington, DC 20530-0001, or you may submit an
appeal through OIP's FOIAonline portal by creating an account on the following web site:
https://foiaonline.regulations.gov/foia/action/public/home. Your appeal must be postmarked or
electronically transmitted within 90 days of the date of my response to your request. If you
submit your appeal by mail, both the letter and the envelope should be clearly marked "Freedom
of Information Act Appeal."
Your counsel may contact Assistant U.S. Attorney Casey Kyung-Se Lee, at
Casey.Lee@usdoj.gov or at 212-637-2714, to discuss any aspect of your request.
Paul P. Colborn
Special Counsel
Enclosures
cc: Casey Kyung-Se Lee

Southern District of New York
Carl Wedoff
Jenner & Block
2
Stewart, Scott (OLC)
From: Stewart, Scott (OLC}

Sent: Wednesday, January 25, 2017 12:45 PM
To: Gannon, Curtis E. (O LC); Hart, Rosemary (O LC)
Subject: FW:U I -
Attachments: 170126 - Election (b ) (5) CIRC.docx
Here' s the draft PM
Document ID: 0.7.14615.5025

Hart, Rosemary (OLC)
From: Hart, Rosemary (OLC}

To: Stewart, Scott {OLC}
Subject: RE: Election fraud EO
I can look at it now, and also give it to someone else.
- -Original Message-----
From: Ste-wart, Scott {OLC)
To: Hart, Rosemary (OLC) • (b) (6)
Subject: FW: Election fraud EO
Rosemary -- (b) (5) . Would an A-A be able to look at it? We haven't received
word about timing; Curtis is going to call Greg back now.
Document ID: 0.7.14615.5065


Sent: Wednesday, January 25, 201 7 6:59 PM
To: Gannon, Curtis E. (O LC); Stewart, Scott {O LC)
Subject: 170126 - Election (b) (5 ) CIRC (002) - WHCO comments (JAZ ... + + rh
Attachments: 170126 - Election (b) (5 ) CIRC (002) - WHCO comments (JAZ ...+ +-
rh.docx
This redline reflects my preliminary thoughts on this PM.
Document ID: 0.7.14615.5023


To: Gannon, Curtis E. (OLC); Stewart, Scott {O LC)
Subject: redline and talking points.
Attachments: 170126 - Election (b) (5) CIRC (002) - WHCO comments (JAZ ...+
OLC (1 25 2017).docx; (b) (5) : notes.docx
Here they are.
Document ID: 0.7.14615.5028

From: Hart, Rosemary {Ole)

To: Rosemary Hart
Subject: Fwd: 170126 - Election (b) (5) PM (25 Jan 927pm)
Attachments: 170126 - Election (b) (5) PM (25 Jan 927pm).docx; ATT00001.htm
Begin forwarded message:
From: "Stewart, Scott (OLC}" • (b) (6)

Date: January 25, 2017 at 9:40:03 PM EST
To: "Hart, Rosemary (OLC}" ~
Cc: "Gannon, Curtis E. (OLC)" • (b) (6)
Subject: Fw d: 170126 - Election (b) (5) PM (25 Jan 927pm)
Document ID: 0.7.14615.5861

Document ID: 0.7.14615.5861 -000002

To: Gannon, Curtis E. (OLC)
Cc: Hart, Rosemary (OLC}
Subject: Re: 170126 - Election (b) ( 5) PM (25 Jan 927pm)
I'm reviewing too. (b ) (5 )
On Jan 25, 2017, at 9:57 PM, Gannon, Curtis E. {Ole) ~ (b) (6) · wrote:
Okay. FYI: still no word back from Jim.
From: Hart, Rosemary ( OLC}

To: Stewart, Scott ( Ole) • (b ) (6 )
Cc: Gannon, Curtis E. (OLC) • (b ) (6 )
Subject: Re: 170126 - El ection (b ) (5 ) PM (25 Jan 927pm}
I can re,~ew in 15 minutes.
Document ID: 0.7.14615.5044

duplicate
Document ID: 0.7.14615.5044


Sent: Wednesday, January 25, 201 7 1 0:48 PM
To: Gannon, Curtis E. (O LC)
Subject: Re: 170126 - Election (b ) (5) PM (25 Jan 927pm)
I like that part! (b)(5 ) I.
And would solve (b ) (5)
On Jan 25, 2017, at 1 0:46 PM, Gannon, Curtis E. (OLC) • (b) (6) wrote:
Yep. (Note that (b) (5) .)
From: Hart, Rosemary (Ole}

Sent: Wednesday, January 25, 201710:43 PM
To : Gannon, Curtis E. {Ole) • (b)(6 )
subject: Re: 17D126- Election (b)(5 ) PM {25 Jan 927pm)
Jnn's b ack-up plan seems fine ifhe can live with it.
On Jan 25, 2017, at 10:34 PM, Gannon, Curtis E. (OLC) • (b) (6 ) · wrote:
From: Gannon, Curtis E. (Ole)

Sent: Wednesday, January 25, 2017 lD:29 PM
To: Hart, Rosemary {Ole} • (b)(6 ) Stewart, Scott {Ol C)
• (b) (6) >
Subject: RE: 170126 - Election (b)(5 ) PM {25 Jan 927pm)
From: Hart, Rosemary (OLC)

Sent: Wednesda , Janua 25, 2017 9:56 PM
Document ID: 0.7.14615.5063

Document ID: 0.7.14615.5063

To: Hart, Rosemary (OLC}; Gannon, Curtis E. (O LC)
Subject: RE: Redline on voter fraud PM
I'm marking a few light suggestions and will circulate shortly.
--Original Message----
To: Gannon, Curtis E. {O LC) < (b) (6) Stewart, Scott (OLC)
'" (b) (6 )
Subject: Fwd: Redline on voter fraud PM
>
> (b) (5)
-
>
> Anyway, here's my redline. Feel free to take edit or leave 'em.
>
> Rosemary
>
>
Document ID: 0.7.14615.5093


Cc: Gannon, Curtis E. (OLC)
Subject : Re: Redline on voter fraud PM
WH capitalizes 'Mmi&JJI"
> On Jan 25, 2017, at 10:57 PM, Stewart, Scott {Ole) · wrote:
>
> Rosemary -- any view on what should be capitalized in ' (b) (5) "? I don't see
a consistent practice in prior documents.
>
> --Original Message-
> From: Hart, Rosemary (OLC)
> Sent: Wednesda , Janua 25, 2017 10:45 PM
Document ID: 0.7.14615.5078


To: (b) (6)
Subject: Fwd: Redline on voter fraud PM
Attachments: 170126 - Election (b) (5) PM (25 Jan 927pm} + (OLC 1-25-
2017}.docx; ATT000Ol.htm
From: "Stewart, Scott (OLC}" • (b) (6)

Date: January 25, 2017 at 11:02:16 PM EST
To: "Hart, Rosemary (OLC}" ~ "Gannon, Curtis E. (OLC)"
• (b )(6 )
Cc: "Stewart, Scott (OLC)" • (b) (6) '>
Subject: RE: Redline on voter fraud PM
Attached are my addit ional suggestions.
---Original Message-
Sent: Wednesda , Janua 25, 2017 10:45 PM
Document ID: 0.7.14615.5869

duplicate
Document ID: 0.7.14615.5869

Document ID: 0.7.14615.5869-000002
Gannon, Curtis E. (OLC)
From: Gannon, Curtis E. (OLC)

To: Hart, Rosemary (Ole}; Stewart, Scott (Ole}
Cc: Stewart, Scott (Ol e}
Subject: RE: Red line on voter fraud PM
Got it . I'll send as soon I' m off the phone with Katsas.
- Original Message---
To: Stewart, Scott (OLC} < (b) (6 )
Cc: Gannon, Curtis E. (OLC) • (b) (6) Stewart, Scott (OLC)
• (b) (6)
Subject: Re: Redline on voter fraud PM
Those edits look good to me.

Scott had asked, and I didn't see until a couple of minutes ago, whether •ee,1$111
"should be
capitalized. Yes, it shou ld. WH style.
Document ID: 0.7.14615.5107

duplicate
Document ID: 0.7.14615.5107


Sent: Wednesday, January 25, 201 7 11:24 PM
Subject: Re: 170126 - Electi on (b)(5) PM (25 Jan 927pm)
Thnx for sending.
On Jan 25, 2017, at 10:52 PM, Gannon, Curtis E. (O LC) • (b) (6) · wrote :
http://www.cnn.com/2017/01/25/politics/trump-calls-for-major-investigation-into-voter-fraud/
From: '1art, Rosemary ( Ole}

Sent: Wednesday, January 25, 201710:52 PM
To: Gannon, Curtis E. {OLC) • (b) (6) >
Subject: Re: 170126 - El ection (b) (5) PM (25 Jan 927pm}
I wonder , (b) (5)
On Jan 25, 2017, at 10:46 PM, Gannon, Curtis E. (OLC) • (b) (6) · wrote:
Document ID: 0.7.14615.5087

Document ID: 0.7.14615.5087

Subject: Re: 170126 - Election (b) (5) PM (25 Jan 927pm)
Thanks for carrying this through. Am heading to bed now. See you in the morning.
On Jan 25, 2017, at 11:37 PM, Gannon, Curtis E. (O LC) • (b) (6) wrote:
Document ID: 0.7.14615.5096

Document ID: 0.7.14615.5096
___---------------------------------
From:
,
MUW• 1
Sent: Thursday, January 26, 2017 1:41 PM

To: Hart, Rosemary (OLC}
Subject: RE: Update on today and some observations
Thank youl

Sent: Thursday, January 26, 20171:39 PM
•
To: IU-1 >
Subject: FW: Update on today and some observations
This is what I got from Scott about an hour ago.
Fro m: Stewart, Scott (Ole)

Sent: Thursday, January 26, 201712:14 PM
To: Gannon, Curtis E. (Ole) • (b) (6) Hart, Rosemary {Ole) , (b ) (6 )
Cc: Stewart, Scott (OLC) • (b) (6 )
Subject: Update on today and some observations
John just called to say (b) (5 )
As for the documents for tomorrow: (b ) (5 )
I have three observations, some of which may call for action today. (b) (5)
(b) (5)
Document ID: 0.7.14615.8586

(b) (5)
Document ID: 0.7.14615.8586


Sent: Thursday, January 26, 2017 8:31 PM
To: Gannon, Curtis E. (OLC); Stewart, Scott {OLC)
Subject: voter fraud
From Politico:
And as Trump's team started settling in for the evening, the White House pulled back - for now -
one final highty anticipated and controversial act of the day: an executrve order calling for an
investigation into widespread voter fraud.
'The president got back a little late and he got jammed up on some meetings that needed to
occur, and so we're going to roll all that into Friday and Saturday," Spicer said.
Document ID: 0.7.14615.5099


Sent: Friday, April 21, 201 7 11:19 AM
To: Stewart, Scott (OLC}
Subject: RE: Election Integrity EO
I like it. Thanks!
From: Stewart, Scott (Ole)

Se nt: Friday, April 21, 201711:14 AM
To: Hart, Rosemary {Ole} • (b)(6 )
Cc: Stewart, Scott (Ole) • (b) (6 )
Subject: FW: Election Integrity EO
How's this?
(b) (5 )
Document ID: 0.7.14615.7241


Sent: Friday, April 21, 201 7 3:06 PM
To: Gannon, Curtis E. (O l e)
Subject: FW: EO Revie w Priorities
Attachments: (b) (5 ) - OPC 4.18 CLEAN.DOCX
Note updated list. Now there are 3 slated for next Sat ur day.
Document ID: 0.7.14615.7133

Document ID: 0.7.14615.7133

Sent: Sunday, April 23, 2017 11:26 AM
Subject: voting integrity EO
Attachments: Voting Integrity EO + OLC preliminary edits.docx
Scott: I have done a preliminary review of the EO and, in the interest of time, would like to (b) (5)
(b) (5)
I am a little concerned that this EO might still go forward at some point this week, and I wanted to get ahead
of the curve just in case. Do you see any problem with sending a preliminary redline today?
Rosemary
Document ID: 0.7.14615.7139


Sent: Sunday, April 23, 2017 2:30 PM
Subject: Re: Election Integrity EO
Sounds good - thanks!
On Apr 23, 2017, at 1:08 PM, Hart, Rosemary (OLC} • (b) (6 ) > wrote:
Scott: I spoke with Curtis about this preliminary redline and he thought it made sense to send it
now, to keep things moving.
Hope your weekend is going well! I look forward to hearing about it.
Rosemary
Document ID: 0.7.14615.7505

Document ID: 0.7.14615.7505

Sent: Monday, April 24, 2017 1 2:1 7 PM
Cc: Hart, Rosemary (OLC}
Subject: FW: Revised EO Priorities
Curtis - FYI. (b)(5)
Document ID: 0.7.14615.7126

Document ID: 0.7.14615.7126

Sent: Thursday, April 27, 201711:40 AM
Subject: RE: EO Priorities
I was j ust typing a similar message ! thanks
Document ID: 0.7.14615.7370


I'll assign it.
Frustrating on timing.

To: Hart, Rosemary (Ole) • (b ) (6 )
Cc: Stewart, Scott (Ole) • (b ) (6 )
Here' s the last passback of Election Integrity. I generated a redline too. Should we get someone on this?
(b) (5)
•
Document ID: 0.7.14615.7129

Document ID: 0.7.146 15.7129
duplicate
Document ID: 0.7.14615.7129


Sent: Thursday, April 27, 201712:13 PM
To: (b) (6) (OLC}
Subject: FW: Request for revie w of proposed Execut ive Order on Election Integrity
Attachments: Voting Integrity EO - Redline.docx
CRT comme nts.
From: Wheeler, Tom (CRT)

Sent: Monda , A ril 24, 2017 5:20 PM
Document ID: 0.7.14615.7502


To: (b) (6 ) (OLC}
Subject: FW: Request for review of proposed Executive Order on Election Integrity
Attachments: Voting Integrity EO - Redline.docx
I think this is redundant to what I already sent, but am sending anyway.
From: Gore, John (CRT)

Sent: Tuesda , A ril 25, 2017 2:06 PM
Document ID: 0.7.14615.8575

Document ID: 0.7.14615.8575

To: (b) (6) I (O LC}
One more item from WH:
Document ID: 0.7.14615.7715

Document ID: 0.7.146 15.7715
Document ID: 0.7.14615.7715
__, (_0L_c) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
11111
From: (b) (6 ) I (OLC)

To: Hart, Rosemary (Ole}
Perfect.

To: 1{Ole} • (b ) (6 ) >
That should work. This is a short EO, and we have already sent a red line with preliminary comments (see
attached}.
From: (b ) (6 ) {Ole)
To: Hart, Rosemary (OLC) • (b)(6 )
Subject: RE: Electi on Integrity EO
I am currently working on a bill comment that's on a somewhat tight deadline, but I hope to send thatto the
bill comment team for review by 2 or 3 this afternoon . I can turn my full attention to this immediately after
that. Would that be OK?

To: 1 {Ole} • (b )(6 ) >
(b) (6) :
This is an EO that has been around for a few days, but it has not been part of the First 100 Days push.
Now, we are told this should be our focus for next week (we have asked for more specifics}. We have been
awaiting DOJ component comment, and I' ll send those along, too, (b) (5 )
We want to get another r edline back to the WH tomorrow morning if feasible.
Do you have time to work on this?
Thanks,
Rosemary
duplicate
Document ID: 0.7.14615.7513
Document ID: 0.7.146 15.7513
Document ID: 0.7.14615.7513

Sent: Thursday, April 27, 20171 1:39 PM
To: (b) (6 ) I (OLC}
Thank you! Will read in the morning.
On Apr 27, 2017, at 6:37 PM, (b ) (6) (OLC) • (b ) (6) > wrote:
Here you go, and sorry for the delay. I made comments on top of the CRT comments (and added
to one of the CRT comments that OLC agrees). Note that I made two internal comments to you,
highlighted yellow.
Document ID: 0.7.14615.7354

Document ID: 0.7.14615.7354
Document ID: 0.7.14615.7354
__, (_0L_c) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
11111
From: (b) (6) (OLC)

Sent: Fri day, April 28, 2017 10:03 AM
Looking at this now.

Sent: Friday, April 28, 201710:01 AM
To:11111111:>Da1111( 0 LC} • (b)(6)
- : Thanks for the redline you sent yesterday. Due to work on more urgent EOs (including 2 to be signed
today), I am only turning to it now. I should have pointed out that CRT commented on an older version, and
so it is a little confusing to use their redline as the base document. Could you please take another look at
what I sent you (below and attached) and use this one as the base for comments? I think some of CRT's
comments might be moot.
Sorry for any confusion!
Rosemary
Document ID: 0.7.14615.7152

Document ID: 0.7.146 15.7152
Document ID: 0.7.14615.7152

Sent: Friday, April 28, 201 7 10:46 AM
To: lllllllmDmlll (OLC)
Thanks!
From: (b) (6) (Ole)

To: Hart, Rosemary (Ole) • (b)(6) >
Sorry about thatl Here you go.
Document ID: 0.7.14615.7668

Document ID: 0.7.146 15.7668
Document ID: 0.7.14615.7668
--1 (_0L_c)
11111
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(b) (6) (OLC)

From:
Attachments: 170424 - Election Integrity CLEAN (1730) (003) - Ill. + rh +li!i,docx
Looks good. I got rid of the highlighting and internal comments, with the exception of the comment
about' (b) (5) ,'' b/c you said you are looking int o that.
From: Hart, Rosemary {OLC)

Sent: Friday, April 28, 201712:22 PM
To: 1 (Ole) • (b) (6)
Looks great! I have added some edits, and responded to your questions.
From: (b) (6) (OLC)

Document ID: 0.7.14615.7264

Document ID: 0.7.146 15.72£4
Document ID: 0.7.14615.7264

To: Stewart, Scott (OLC}; (b) (6) I {OLC}
Cc: Stewart, Scott (OLC)
Thanks. It will be good to keep this one moving.
From: Stewart, Scott (OLC)

Sent: Friday, April 28, 2017 2:53 PM
To: Hart, Rosemary (OLC) • (b) (6) >·, (b) (6) (OLC) • (b) (6) >
Cc: Stewart, Scott (OLC) • (b) (6)
Great- I' ve made comments outward facing in the attached, which I'll pass back shortly.

To: 1 (Ole) • (b)(6) Stewart, Scott {OLC) • (b) (6)
Scott: This all looks good to me, too.

Thanks!
Rosemary
From: (b) (6) {OLC)

To: Stewart, Scott {OLC) <~ Hart, Rosemary (Ole) • (b) (6)
Scott,
Your edits all look good to me.

To: Hart, Rosemary (OLC) • (b)(6) Stewart, Scott (OLC} , (b) (6) lt:>WI
- 1{OLC) , (b) (6) >
Thanks you, both. I marked a few additional edits and comments for your consideration.
From: Hart, Rosemary {OLC) (mailto (b) (6)

Sent: Friday, April 28, 20171:36 PM
To: Stew art, Scott {OLC) • (b)(6) (b) (6) (Ole) , (b) (6) >
Subject: Election Int egrity EO
Document ID: 0.7.14615.7552

Scott: This redline reflects comments from - and me.
Rosemary
Document ID: 0.7.14615.7552


Sent: Monday, May 01, 2017 9:23 AM
Subject: FW: Revised EO Priorities
It looks like every one of the bulleted items has been signed, as has- I suppose that Electron Integrity,
Wlli], andiE>$l1are up next.
Document ID: 0.7.14615.7132

Document ID: 0.7.14615.7132

Sent: Monday, May 01, 2017 2:14 PM
Thanks. Just wanted to confirm that WHCO isn't waiting on us.

Sent: Monday, May 1, 20171:51 PM
To: Hart, Rosemary (Ole) • (b)(6)
Right - nothing yet.
On ~ay 1, 2017, at 1:49 PM, Hart, Rosemary (OLC) ~ - \vrote:
Scott: Just checking on this-we didn't get a response yet, did we?
RH
Document ID: 0.7.14615.7543

Document ID: 0.7.14615.7543
Document ID: 0.7.14615.7543
--1 (_0L_c)
11111
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
From: lllllllim:mlll1(0 LC)

Sent: Tuesday, May 02, 20171:40 PM
To: Stewart, Scott {OLC}; Hart, Rosemary {Ole)
Attachments: Election Integrity EO - 0502 - Policy Turn.docx
I am looking at this now and will circulate a Compare Doc and further edits shortly.
Document ID: 0.7.14615.7405

Document ID: 0.7.146 15.7405
Document ID: 0.7.14615.7405
--1 (_0L_c)
11111
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
From: IIIIIIIIDJemll (0 LC)

Sent: Tuesday, May 02, 2017 5 :27 PM
To: Hart, Rosemary (Ole); Stewart, Scott (Ole); Stewart, Scott (O LC)
Coming now.
From: Hart, Rosemary (Ole)

Sent: Tuesday, May 02, 2017 5:16 PM
To: Stewart, Scott (Ole) • (b) (6) (b) (6) I{OlC) • (b)(6 )
Stewart, Scott (Ole) • (b) (6)
•= Let us know when you are free .
RH

To: Hart, Rosemary (OLC) • (b)(6) (b) (6 ) (OLC) , (b) (6 )
Stewart, Scott (Ole) • (b) (6 )
Sure. I'm free.
From: Hart, Rosemary (Ole)

To: Stewart, Scott (OLC) • (b) (6) (b) (6) I(Ole) • (b)(6 )
Stewart, Scott (Ol e) • (b)(6) >
Should we have a brief meeting about this?
From: Stewart~ Scott (OLC)

To: Hart, Rosemary (OLC) • (b)(6) (b) (6 ) (OLC) , (b) (6 )
Stewart, Scott (OlC) • (b) (6 )
From: Hart, Rosemary (OlC) (mailto (b) (6 )

To: (Ole) •
1 (b) (6) Stewart, Scott (Ole) . (b) (6) >
Document ID: 0.7.14615.7121

Thanks for cleaning this up and creating a red line.
I am fine with one of the edits, but had questions about (b) (5)
RH
From: (b ) (6 ) {Ole)
To: Stewart, Scott (Ole) • (b) (6 ) Hart, Rosemary (OLC} • (b)(6 )
I've attached a compare doc and a doc that accepts all changes, removes all extraneous comments, and
includes a couple more proposed edits.
Document ID: 0.7.14615.7121

Document ID: 0.7.146 15.712 1
Document ID: 0.7.14615.7121

To: (b) (6) I (OLC}
Thanks! It does save t ime!
From: (b) (6) (Ole)

To: Hart, Rosemary (Ole) • (b)(6)
Rosemary,
I had already made t he proposed change we agreed to on my document. Here it is in case that saves you
time.

Document ID: 0.7.14615.8593

Document ID: 0.7.146 15.8593
Document ID: 0.7.146 15.8593
Document ID: 0.7.14615.8593

Sent: Friday, May OS, 2017 9:03 AM
To: Stewart, Scott {OLC}; (b) (6) I {OLC}
Good idea.

Sent: Friday, May 5, 2017 9:01 AM
To: {Ole} •
1 (b) (6)
Cc: Hart, Rosemary {Ole) • (b) (6 )
Subject: FW: El ection Integrity EO
Might be worth getting F&Ltogether on this one, in case it suddenly drops.
Document ID: 0.7.14615.7268

Document ID: 0.7.146 15.72£8
Document ID: 0.7.14615.7268

Sent: Friday, May OS, 2017 12:16 PM
To: (b) (6) 1 (OLC}; Stewart, Scott (OLC}
Cc: Stewart, Scott (OLC}
I'll review now.
From: (b) (6) {OLC)

Sent: Friday, May 5, 2017 12:15 PM
To: Stewart, Scott {OLC} , (b) (6) Hart, Rosemary (OLC} , (b) (6)
Cc: Stewart, Scott (Ole) , (b) (6)
Looks good. I accepted all of your changes except for the most critical: putting two spaces after the colon
( Curtis has made clear that he only wants one space}.

Sent: Friday, May 05, 201712:12 PM
To: (Ole) •
1 (b) (6) Hart, Rosemary (Ole) • (b) (6)
Cc: Stewart, Scott (Ole) • (b) (6)
Thanks. Here are some suggested edits.
From: (b) (6) {OLC)

Sent: Friday, May 5, 201712:07 PM
To: Stewart, Scott {OLC} • (b) (6) Hart, Rosemary {OLC} , (b)(6)
Rosemary suggested bulking up the F&L a little bit. See attached.
(b) (6) (OLC)
Document ID: 0.7.14615.7680

Document ID: 0.7.146 15.7680
Document ID: 0.7.14615.7680
Document ID: 0.7.14615.7680
Document ID: 0.7.14615.7680

To: (b) (6) 1 (OLC}; Stewart, Scott (OLC}
Cc: Stewart, Scott (OLC}
Attachments: Fl - Election Commission2 + sgs + II + rh .docx
One nit - changed "Federal" to "federal." Otherwise, looks great!
From: (b) (6) {OLC)
Document ID: 0.7.14615.7231

Document ID: 0.7.146 15.723 1
Document ID: 0.7.146 15.723 1
Document ID: 0.7.146 15.723 1
Document ID: 0.7.14615.7231
--1 (_0L_c)
11111
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(b) (6) (OLC)

From: I

Subject: RE: (b) (5)
Looking now.

To: 1 (OLC) • (b)(6)
Subject: FW: (b)(5)
•= Could you please take a look?

Thanks,
Rosemary
Document ID: 0.7.14615.7685

Document ID: 0.7.14615.7685
--1 (_0L_c)
11111
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(b) (6) (OLC)

From: I

Already done it. But thanks for flagging!

To: 1 (OLC) • (b)(6)
I see t hat (b) (5) so we will need to adjust the F&L

Sent: Frida , Ma 5, 2017 4:49 PM
Document ID: 0 .7 .14615 .7102

Document ID: 0.7.146 15.7102

To: lllllllllmmlll1(OLC}; Stewart, Scott (OLC}
Subject: RE: lllllllmllrmll
And tome.
From: (b) (6) (Ole)

To: Stewart, Scott {OLC) • (b) (6) Hart, Rosemary {OLC) • (b )(6)
Subject: RE: IIIIIIIDJSIIII
It looks good to me.

To: Hart, Rosemary (OLC) • (b)(6) (b)(6) (OLC) , (b)(6)
Cc: Stewart, Scott (OLC) • (b) (6)
Subject: RE:IIIIIIIDJSIIII
Here ' s a redline showing change s from our last passback.
Document ID: 0.7.14615.7342

Document ID: 0.7.146 15.7342
duplicate
Document ID: 0.7.14615.7342

From: Stewart, Scott (Ole}

To: (b) (6) (Ole); Hart, Rosemary (Ole)
I think that we should wait for at least the next passback before sending to him, particularly given the time.
Thanks!
From: (b) (6 ) (Ole)

To: Stewart, Scott (Ole} • (b) (6) Hart, Rosemary {Ole} • (b)(6)
Yes. Looks good to me. I assume I should wait for the final, final version to run the F&l paperwork to Curtis?

To: Hart, Rosemary (OLC) • (b)(6) (b) (6 ) (OLC) • (b) (6 )
Great-proposed passback attached . • • look good to you?
From: Hart, Rosemary (OlC)

Sent Friday, May 5, 2017 5:02 PM
To: Stewart, Scott (Ole) • (b) (6) (b) (6) I (Ole) • (b )(6 )
Subject: RE: llllllliJmllll
Looks good. A response to your question.

To:~ 1(OLC) • (b) (6) Hart, Rosemary (OLC) • (b) (6)
I marked a few edits in the attached.
From: (b) (6 ) (OlC)

duplicate
Document ID: 0.7.14615.7677
Document ID: 0.7.146 15.7677
Document ID: 0.7.14615.7677

Cc: Hart, Rosemary (OLC}; (b) (6) (OLC); Stewart, Scott (OLC}
Attachments: 2017electionintegrity.eo v2.docx; FL - Election Commission4.docx
Curtis - attached is a proposed final EO on election integrity, along with F&L (b) (5) • There
is apparently no signing date on this, but it may be signed this week. (b) (5)
. Thank you.
Document ID: 0.7.14615.7682

Document ID: 0.7.146 15.7682
Document ID: 0.7.14615.7682
--1 (_0L_c)
11111
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
From: llllllll:>Dmlll (OLC)

Thanks. I must have had a version control problem.
From: Stewart, Scott (Ol e)

To:lllllllfDmmlll1(0 le} • (b)(6) Hart, Rosemary (Ol e) • (b)(6)
Thanks. I updated (b) (5) , and sent to

Curtis.
From:lllllllfDmmlll {OLC)
To: Hart, Rosemary (Ole) • (b) (6) Stewart, Scott (OLC} , (b)(6)
See attached.

Sent; Monday, May 08, 2017 2:09 PM
To: Hart, Rosemary (Ol e) • (b) (6)
Cc:lllllllfDmmlll1(OLC) • (b)(6)
Looks good to me. - • could you please send me the latest F&L paperwork? I'll send that and the EO to
Curtis.
• (b)(6)
• (b)(6)
Thanks.
• (b) (6)
• (b) (6)
Document ID: 0.7.14615.12733

I'll look a little later this afternoon.
On~lay 8, 2017, at 12:11 P~. Hart,Rosemary (OLC) ~ -.,,vrote:
Looks good to me, too.
From:~ { OLC}
Sent : Monday, May 8, 201712:03 PM
To: Stewart, Scott {OLC} • (b ) (6 ) Hart, Rosemary (OLC}
• (b )(6 )
Compari son doc attached . All looks good.
Document ID: 0.7.14615.12733

Document ID: 0.7.14615.12733
Document ID: 0.7.14615.12733

Document ID: 0.7.14615.12829

Document ID: 0.7.146 15.12829
Document ID: 0.7.14615.12829

To: Gannon, Curtis E. (OLC); Stewart, Scott {O LC)
Cc: (b) (6) (OLC}
Attachments: OLC Rules of Form and Style memo 2013 - FINAL.pdf
For numbers, we use Bluebook.
Attached is our latest style guide, which is on the OLC "G" drive.
From: Gannon, Curtis E. {OLC)

To: Stewart, Scott (OLC) , (b)(6 )
Cc: Hart, Rosemary {OLC) • (b ) (6 ) (b) (6 ) {OLC) , (b) (6 )
I changed the date on the letter, removed a colon, and added m,m· I've printed and signed .
P.S . What is OLC style on spelling out numbers (such as 'fifteen")?
From: Gannon, Curtis E. (OLC)

To: Stewart, Scott (OLC) , (b) (6 )
Cc: Hart, Rosemary {OLC) (b) (6) >·I (b) (6 ) {OLC) , (b ) (6) >
Subject: RE: Electi on Integrity EO

Sent: Tuesday, May 9, 2017 9:22 AM
To: Gannon, Curtis E. {OLC)
Cc: Hart, Rosemary {OLC) {OLC) , (b ) (6 ) >·
Stewart, Scott (OLC) • (b) (6) >
'
Curtis- Election Integrity is up for a Thursday signing. My last e-mai l- with the final EO and F&l - is
attached.
duplicate
Document ID: 0.7.14615.7279
Document ID: 0.7.146 15.7279
Document ID: 0.7.146 15.7279
duplicate
Document ID: 0.7.14615.7279

U.S. Department of Justice
Office of the Assistant Attorney General

Washington, D.C. 20530
October 23, 2013
MEMORANDUM TO THE OFFICE
Re: Rules of Form and Style
This memorandum sets forth the official updated rules of form and style for the Office of
Legal Counsel (“OLC”).
I.
OLC uses the current edition of The Bluebook: A Uniform System of Citation, as
amplified, modified, or supplanted by the following rules:
1.1 Whenever available, cite the book-published version of an OLC opinion, as follows:
Proposed Tax Assessment Against the United States Postal Service, 1 Op.
O.L.C. 79 (1977).
1.2 Opinions in volumes 1-3 whose captions contain awkward groups of key words and
phrases may be cited using only the most pertinent key word or phrase.
For example,
Federal Improvements to Real Property Owned by a Former President, 3 Op.
O.L.C. 440 (1979),
is preferable to
(1) Presidential Protection Assistance Act (18 U.S.C. § 3056 note) Retroactive
Effect (2) Federal Improvements to Real Property Owned by a Former
President Title Thereto Removal Of, 3 Op. O.L.C. 440 (1979).
1.3 When citing volume 4 of the OLC opinions, cite volume 4A or 4B.
1.4 If the OLC opinion has not been published in a book, cite the version that has been
published on the OLC website, as follows:
(a) Full general citation:
Document ID: 0.7.14615.7279-000001

State and Local Deputation of Federal
Law Enforcement Officers During
Stafford Act Deployments, 35 Op. O.L.C. (Mar. 5, 2012) (“State and Local
Deputation”), available at http://www.justice.gov/olc/opinions.htm.
(b) Full pinpoint citation:
State and Local Deputation of Federal Law Enforcement Officers During
Stafford Act Deployments, 35 Op. O.L.C. , at *7 (Mar. 5, 2012) (“State and

Local Deputation”), available at http://www.justice.gov/olc/opinions.htm (“state
deputation laws may provide FLEOs with the express authority to make arrests
for violations of state criminal laws”).
(c) Subsequent short citation:
State and Local Deputation at *7.
The number of the bound volume where the opinion will ultimately be published is
indicated on the even-page header of the slip opinion.
Note the use of the full date, not just the year, of issuance, in contrast to the citation of a
book-published opinion. This will help readers find the slip opinion on our website,
which has pages with links to our published opinions sorted both by title and by date.
Note also that, in a departure from Bluebook form, we do not cite the precise URL of the
opinion, just the URL of our opinions front page. This is because the URL of particular
opinions can change over time as the Department reorganizes its website. It also enables
us to avoid the space-consuming Bluebook convention of stating when the particular URL
was “last visited” by the author who is citing the opinion.
1.5 If the OLC opinion has not been published at all, cite it as you would any other OLC
memorandum:
Memorandum for Ambassador Michael Kantor, U.S. Trade Representative, from
Walter Dellinger, Assistant Attorney General, Office of Legal Counsel, Re:

Whether the GATT Uruguay Round Must be Ratified as a Treaty at 4 (July 29,
1994).
Note the absence of a comma before the page citation and one space after the colon.
1.6 Cite unpublished correspondence to or from OLC as if it were an unpublished OLC
memorandum, except that the citation need not include the title or “Re:” line of the letter,
facsimile, or other document:
Letter for Jay S. Bybee, Assistant Attorney General, Office of Legal Counsel,
from William G. Myers III, Solicitor, Department of the Interior at 1 (Jan. 24,
2003).
In special cases, a “Re:” line can be constructed that appropriately describes the body of
the letter.
Document ID: 0.7.14615.7279-000001

1.7
Cite OLC e-mails also like unpublished memoranda, with the exact subject line of the e-
mail (as artless as it may be) following the “Re:” and with a parenthetical that includes
both the date and time the e-mail was sent:
See, e.g., E-mail fo (b) (5)
Generally, due to the informal nature of the e-mail, indicating the department to which
the sender or recipient belongs will be sufficient. The formal title or position held by the
sender or recipient need not be included and should not be included unless it is clearly
indicated by the e-mail. In the case of multiple recipients in the “To:” line of the e-mail,
cite the lead recipient with an “et al.” Recipients in the “Cc:” line need not be mentioned
and do not warrant an “et al.”
1.8 Do not use the section symbol (§) to refer to sections of the United States Code in a
sentence unless the reference includes both the title and section (for example, 28 U.S.C.
§ 511):
“The rule codified at section 511,” not “the rule codified at § 511.”
“The rule codified at 28 U.S.C. § 511,” not “the rule codified at 28 U.S.C.
section 511.”
1.9 Refer to a public law in text as “Public Law __-___,” not “Pub. L. No. __-___.”
1.10 As indicated by the previous examples, do not capitalize “section” or “title” or “chapter”
or “rule” when referring to a statute or regulation in text, unless the statute or regulation
is regularly capitalized (Title VII, Rule 10b-5).
1.11 Call a statutory provision in text by the first item in the citation string, not the last:
“Section 1603(a)” or “subsection (a),” not “subsection 1603(a).”
“Section 1603(a)(3)” or “subsection (a)(3)” or “paragraph (3),” not “paragraph
1603(a)(3).”
“Section 1604(a)(3)(C)” or “subsection (a)(3)(C)” or “paragraph (3)(C)” or
“subparagraph (C),” not “subparagraph 1604(a)(3)(C).”
“Section 1604(a)(3)(C)(ii)” or “subsection (a)(3)(C)(ii)” or “paragraph
(3)(C)(ii)” or “subparagraph (C)(ii)” or clause (ii), not “clause
1604(a)(3)(C)(ii).”
This is the citation form used by the United States Code. See Office of the Legislative
Counsel, U.S. House of Representatives, House Legislative Counsel’s Manual on

Drafting Style, HLC 104-1, at 52 (Nov. 1995), available at http://www.llsdc.org/
attachments/files/94/Manual_on_Drafting_Style.pdf (last visited June 7, 2012).
Document ID: 0.7.14615.7279-000001

1.12
When citing U.S. Code or C.F.R. sections for the first time in the document, include the
year (and publisher or supplement number, if appropriate) of the statutory compilation
only if it is not clear in context that you are citing the most recent available compilation.
1.13 The Bluebook notwithstanding, it is permissible and sometimes preferable to cite a
segment of the U.S. Code with an “et seq.” (italicized), especially when the codification
of the statute is discontinuous or the statute is frequently amended:
Homeland Security Act, Pub. L. No. 107-296, 116 Stat. 2135 (Nov. 25, 2002),
6 U.S.C. §§ 101 et seq.

codified at
Robert T. Stafford Disaster Relief and Emergency Assistance Act, Pub. L. No.
100-707, 102 Stat. 4689 (1988), codified as amended at 42 U.S.C. §§ 5121 et

seq. (“Stafford Act”).
But: Vacancies Reform Act, 5 U.S.C. §§ 3345-3349d.
1.14 Capitalize the shorthand for constitutional provisions (First Amendment, Article III,
Privileges and Immunities Clause).
1.15 Do not use a comma in Executive Order numbers:
Exec. Order No. 12531 (1985).
1.16 A short form should appear in parentheses with quotation marks the first time it is used,
preferably in text. Do not use “hereinafter” to introduce it. Short form titles of OLC
memoranda and opinions typically are italicized, unless they include the word
“Memorandum” or “Opinion” in the title:
Department of Justice (“DOJ”).
The Constitutional Separation of Powers Between the President and Congress,
20 Op. O.L.C. 124 (1996) (“Dellinger Memorandum”).

1994) (“GATT Uruguay Round”).

1994) (“1994 Opinion”).
1.17 Do not use superscript ordinals, particularly in court names:
Lee v. Clinton, 209 F.3d 1025 (7th Cir. 2000).
1.18 Avoid “see supra” and “see infra” cross-references to pages in the body of an opinion. If
a cross-reference is absolutely necessary, cross-refer footnotes (and accompanying text)
or parts of the opinion instead.
Document ID: 0.7.14615.7279-000001

As indicated above, see supra
notes 11-12 and accompanying text, . . . .
As we discuss in more detail below, see infra Part III.C, . . . .
This helps to avoid inaccurate cross-references if the text of the document is later resized
or the page numbering of the document is changed when the opinion is published online
or in a bound volume.
II.
To resolve questions not addressed in the Bluebook relating to style, usage, punctuation,
and grammar, we employ the latest editions of The Chicago Manual of Style and The Elements of
Style (“Strunk & White”). The following are some unique OLC style conventions that amplify,
modify, or supplant these authorities:
2.1 “Attorney-Adviser,” not “Attorney-Advisor” or “Attorney Adviser.”
2.2 Form the possessive singular of singular nouns that end in “s” by adding “’s”:
“Justice Thomas’s dissent.”
“Texas’s flag.”
“Congress’s confusion.”
2.3 Avoid constructions that require the possessive form of “United States”:
“United States Constitution.”
“Constitution of the United States.”
Not “United States’ Constitution.”
Not “United States’s Constitution.”
2.4 Capitalize “Executive Branch” in all its usages, “Legislative Branch” when referring to
Congress, and “Judicial Branch” when referring to the federal courts.
Capitalize the “Executive” when used as a noun to refer to the President or an agent of
the President. Similarly, capitalize the “Legislature” or the “Judiciary” when referring
specifically to Congress or the federal courts.
Capitalize “Congress” but not “congressional,” “President” but not “presidential.”
Capitalize “State” when used as a proper noun to refer to one of the United States but not
when used as an adjective (“state government”) or a generality (“a state,” “various
states”).
Document ID: 0.7.14615.7279-000001

2.5 Both The Chicago Manual of Style
(rules 7.82-7.90) and Strunk & White (ch. III) address
the use of hyphens. Our general disposition is to limit their use. In particular, we do not
hyphenate the phrase “separation of powers” when used as an adjective, e.g., “separation
of powers principles.”
2.6 When using dashes to amplify, explain, or indicate a sudden break, use em dashes (with
no space before or after the dash), not en dashes.
This sentence employs an em dash the most versatile of all dashes correctly.
This sentence employs an en dash a most inappropriate dash incorrectly.
The Chicago Manual of Style (rules 6.80-6.96) provides additional detail on hyphens and
dashes in general and on em and en dashes in particular.
2.7 Within a quotation, put one space after the ellipsis, including when it replaces the end of
a sentence or an entire sentence. Put one space before the ellipsis to indicate that the
sentence just quoted is incomplete. Replace a single word that you are omitting with an
ellipsis, not brackets (“[]”).
For example, if the original text is as follows:
Melissa just finished reading a book of short stories. She greatly enjoyed it and
immediately went to the library to find something similar. Tomorrow, she will
begin reading another book.
Then the following quotations would all be appropriate:
Melissa just finished reading a book of short stories. She greatly enjoyed it
and . . . went to the library to find something similar.
Melissa just finished reading a book of short stories. . . . Tomorrow, she will
begin reading another book.
Melissa just finished reading a book . . . . She greatly enjoyed it and
immediately went to the library to find something similar.
Melissa, it has been established beyond cavil, “greatly enjoyed [the book].”
2.8 Put hard spaces in front of the periods in ellipses (“◦.◦.◦.” or “◦.◦.◦.◦.”), so that a new line
does not begin with an ellipsis:
2.9 It is unnecessary to insert an ellipsis at the end of an incomplete sentence fragment (note
the absence of a period in the parenthetical quotation):
The Board found that Smith “was aware of the politically motivated
recommendations.” Special Counsel v. Smith, 30 M.S.P.R. 344, 348 (1988).
Special Counsel v. Smith, 30 M.S.P.R. 344, 348 (1988) (concluding that “Smith
was aware of the politically motivated recommendations”).
Document ID: 0.7.14615.7279-000001

2.10 Avoid passive voice, unless it reflects genuine ambiguity, improves readability, or
provides helpful emphasis. See

Strunk & White ch. II.14.
2.11 Be restrained in the use of adverbs and adjectives, especially modifiers that invite the
reader to accept the proposition in text without scrutiny (“simply,” “clearly,” “obvious”).
If a modifier seems necessary to convey nuance, first hunt for a more precise or vivid
verb or noun. See Strunk & White chs. V.4 & V.8.
2.12 Do not italicize common Latin phrases or abbreviations in sentences of text (“e.g.,” “i.e.,”
“de facto,” “habeas corpus,” “bona fide”). “Among other things” is preferable to the
lawyer-ish phrase “inter alia,” but italicize “inter alia” when it used.
2.13 Avoid long string citations in text, especially in the middle of a sentence. If numerous
authorities support the point, pick the best two or three and use “e.g.” absent a special
reason to cover the waterfront. In parentheticals, a cursory explanation may suffice, such
as “same” or “similar.”
III.
The following are some style or citation forms that are preferred but not set in stone. You
will likely find conflicting examples in past OLC writings. The forms below reflect editorial
choices made during our most recent publications. Common sense may dictate variation:
3.1 In large opinions with many footnotes, make the first citation of a source in the text of the
document a full citation, even if it comes after a footnote with a full citation of the same
source. Alternatively, make a “supra” reference to the footnote in which the source was
first cited.
For example, if a citation appears initially in a footnote as:
9
Joseph Story, Commentaries on the Constitution of the United States § 1485
(1833) (“Story”) (in military matters, “[u]nity of plan, promptitude, activity, and
decision, are indispensable to success; and these can scarcely exist, except when
a single magistrate is entrusted exclusively with the power”).
Then either of the following subsequent citations in text would be appropriate:
Joseph Story, Commentaries on the Constitution of the United States § 1485
(1833) (“[t]he command and application of the public force . . . to maintain
peace, and to resist foreign invasion” are executive powers) (“Story”).
Story, supra note 9, § 1485 (“[t]he command and application of the public
force . . . to maintain peace, and to resist foreign invasion” are executive
powers).
3.2 Cite the unpublished opinions assembled during the Assistant Solicitor General,
Executive Adjudications Division, and early OLC eras (available as bound volumes in
our library) by combining the form for unpublished memoranda and letters with the form
for published opinions:
Document ID: 0.7.14615.7279-000001

(a) Volumes 1-14 (the Assistant Solicitor General era, 1933-48):
Memorandum for the Attorney General, from Golden W. Bell, Assistant
Solicitor General, Re: Vacancy in the
Office of Attorney General, 8 Unpub. Op.
A.S.G. 1538, 1540 (Dec. 5, 1938).
(b) Volumes 15-16 (spanning the Assistant Solicitor General, Office of Executive
Adjudication s, and Office of Legal Counsel eras, 1948-53):
Letter fo (b) (5)
).
3.3 There is no perfect way to cite the GPO editions of the Public Papers of the Presidents,
whose volume numbers usually (but not always) start over at “1” each year and which
sometimes combine multiple years into a single volume. Because the exact date of the
particular speech or paper being cited within the volume is often important, we have tried
in recent publications to include the full date in a parenthetical, which along with the
volume number should be enough information to permit the reader to find the correct
book:
(a) For years with a single volume:
Letter Accepting the Resignation of Oliver Wendell Holmes as an Associate
Justice of the Supreme Court of the United States (Jan. 12, 1932), Pub. Papers
of Pres. Herbert Hoover 20, 20 (1932).
(b) For years with multiple volumes:
Statement on Signing the Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act of 2006 (Jan. 12, 2007), 1 Pub. Papers. of
Pres. George W. Bush 29, 29 (2007) (“The executive branch shall construe these
provisions in a manner consistent with the Appointments Clause.”).
(c) For a volume with multiple years:
Remarks at a Fundraising Brunch for Rich Williamson in Rosemont, Illinois
(Aug. 2, 1992), 2 Pub. Papers of Pres. George Bush 1291, 1292 (1992 93)
(“Remarks at a Fundraising Brunch”).
(d) For subsequent short citations:
Remarks at a Fundraising Brunch, 2 Pub. Papers of George Bush at 1292
(1992 93).
Note the mention of the year again in the subsequent short citation, without which the
reader will not know which volume 2 of the Bush 41 administration is being cited except
by going back to the original full citation.
Document ID: 0.7.14615.7279-000001

3.4 Cite the editor(s)/contributing
author(s) of a constantly-updated treatise as if they were
the original authors, and insert the name(s) of the original author(s) into the title of the
treatise if they are not otherwise credited:
18A Charles Alan Wright, Arthur R. Miller, & Edward H. Cooper, Federal
Practice and Procedure§ 4434 (2d ed. 2002).
3 Norman J. Singer, Sutherland on Statutes and Statutory Construction § 59.03
(5th ed. 1992).
John W. Strong et al., McCormick on Evidence: Hornbook Series § 32 (5th ed.
1999).
3.5 Other unique sources:
(a) Congressional Research Service reports:
“[E]very President has taken the position that [the WPR] is an unconstitutional
infringement by the Congress on the President’s authority as Commander-in-

Chief.” Richard F. Grimmet, Cong. Research Serv., IB81050, War Powers
Resolution: Presidential Compliance 2 (updated Sept. 10, 2002).
(b) GAO Redbook:
2 Government Accountability Office, Principles of Federal Appropriations Law

5-12 (3d ed. 2006) (“Federal Appropriations Law”).
3 Federal Appropriations Law at 3-13 (3d. ed. 2008).
(c) OGE advisory opinions (give a parallel citation to an online source):
Office of Government Ethics, Compensation Arrangements for Former Federal
Government Employees and 18 U.S.C. § 203, Informal Advisory Letter 93x31,
1993 WL 721251 (Oct. 26, 1993).
Office of Government Ethics, Compensation Arrangements for Former Federal
Government Employees and 18 U.S.C. § 203, Informal Advisory Op. 93x31
(Oct. 26, 1993), available at http://www.oge.gov/OGE-Advisories/Legal-

Advisories/Legal-Advisories/ (last visited Aug. 4, 2012).
(d) Revised Statutes: There were two editions the first in 1875; the second, making
technical corrections and incorporating subsequent amendments, in 1878. What is
confusing is that both were published in volume 18, parts 1 and 2 of the Statutes
at Large. The second edition was simply published as a replacement for volume
18. The OLC library has the replacement volume 18 in its collection of the
Statutes at Large; HeinOnline has the original volume 18.
To avoid any confusion as to whether you are citing the original or the
replacement volume 18, it is advisable to specify which edition of the Revised
Statutes you are citing and to indicate in a parenthetical if you are citing the
replacement volume 18:
Document ID: 0.7.14615.7279-000001

Rev. Stat. § 1044 (1st ed. 1875), 18 Stat. pt. 1, at 193 (“No person shall be
prosecuted, tried, or punished for any offense not capital, except as provided in
section one thousand and forty-six, unless the indictment is found or the
information is instituted within two years next after such offense is
committed.”).
Rev. Stat. § 1044 (2d ed. 1878), 18 Stat. pt. 1, at 193 (repl. vol.) (“No person
shall be prosecuted, tried, or punished for any offense, not capital, except as
provided in section one thousand and forty-six, unless the indictment is found,
or the information is instituted within three years next after such offense shall
have been committed. But this act shall not have effect to authorize the
prosecution, trial or punishment for any offense, barred by the provisions of
existing laws.”).
IV.
The following are formatting conventions, not addressed in

The Bluebook, that apply to
most written work product, such as opinions or letters, that this Office produces. Book
publications follow a different set of rules.
4.1 Opinions and most other OLC documents are single-spaced, using 12-point font for the
text and 10-point font for footnotes.
4.2 Footnote numbers in the text and in the footnote should be in 10-point font. In footnotes,
indent the footnote number one-half inch, the same indent required for paragraphs in the
text. Insert two spaces between the footnote number and the text of the footnote.
4.3 Left-justify documents so that the text has a ragged right edge.
4.4 Use 12-point spacing between paragraphs in text and 6-point spacing between paragraphs
in footnotes and between footnotes.
4.5 Use a hard space between section signs and section numbers, paragraph signs and
paragraph numbers, and months and dates, so that they stay on the same line.
4.6 Use one-inch margins at the top, bottom, left, and right of the page (except for the first
page of documents with the OLC letterhead, see infra rule 4.7). We rarely use headers
and footers, but set the footer position to one-half inch so that the page number appears
one-half inch from the bottom of the page. The page number should be in 12-point font
and should not appear on the first page.
4.7 The letterhead at the top of this memorandum is the preferred form for most official OLC
documents: (a) the embedded image of the DOJ seal is one inch in diameter and is flush
to the left and top margins (do not use earlier versions with a smaller seal); (b) the
identifications of the author’s office and the office location are in 9-point font, one-half
line (6 points) below the horizontal bar; and (c) the body of the document begins two
lines (24 points) below the date.
10
Document ID: 0.7.14615.7279-000001

4.8
The signature lines (author and office) at the end of an opinion or memorandum should
be centered at a tab point 4⅛ inches from the left margin. If the author will not be
signing the document by hand above the signature line, insert two blank lines (24 points)
between the end of the text and the signature. If the author will be signing the document
by hand, insert four blank lines (48 points).
4.9 For formal opinions, our usual practice is to put section headings in boldface type, with a
period after the number or letter, and no explanatory language in the headings. The
subdivisions proceed from Roman numerals (I, II, III) to capital letters (A, B, C) to
Arabic numerals (1, 2, 3) to lower-case letters (a, b, c).
There are times, however, when explanatory headings can be useful, especially in
opinions that are long and subdivided down to the level of Arabic numerals or lower-case
letters. See, e.g., the Dellinger Memo; Legality of the Use of Military Commissions to
Try Terrorists, 25 Op. O.L.C. 240 (2001).
V.
Please let me know if you have questions about any of the rules set forth above. As
always, we are open to suggestions for changes or additions to the rules of form and style.
Virginia A. Seitz
Assistant Attorney General
11
Document ID: 0.7.14615.7279-000001

--1 (_0L_c)
11111
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(b) (6) (OLC)

From:
To: Mitchell, Dyone (Ole)
Subject: Perceptive data for Election EO
Attachments: FL_ 20170509_ Proposed Executive Order Entitled, Establishment of Presidential
Advisory Commission on Election lntegrity.docx.accdb; Fl_20170509_Proposed
Executive Order Entitled, Establishment of Presidential Advisory Commission on
Election lntegrity.docx.docx
Document ID: 0.7.14615.13448

1Legal Advice LA "Letter";"Memorand
2Form and Legality FL "Email";"Published
3Bill Comment BC "Email"
4Bill No-Comment NC
5Miscellaneous MS
Document ID: 0.7.14615.13448-000001

1Legal Advice Letter
2Legal Advice Memorandum
3Legal Advice Email
4Legal Advice Published Opinion
5Form and Legality Letter
6Form and Legality Memorandum
7Form and Legality Published Opinion
8Bill Comment Email
9Bill No-Comment Email
10Miscellaneous Letter
11Miscellaneous Memorandum
12Miscellaneous Email
13Miscellaneous Miscellaneous
14Miscellaneous Published Opinion
Document ID: 0.7.14615.13448-000001

1 FL_20170509_PropProposed ExecutiveCurtis Gannon 5/9/2017 12:00 AM
Document ID: 0.7.14615.13448-000001

Form and Legality Memorandum
Document ID: 0.7.14615.13448-000001

.docx FL FL_20170509_Proposed
Document ID: 0.7.14615.13448-000001

Office of Legal C ounsel
Office of the Assistant Attorney General Washington, D .C. 20530
May 9, 2017
MEMORANDUM
Re: Proposed Executive Order Entitled,
“Establishment ofPresidential Advisory
Commission on Election Integrity”
The attached proposed Executive O rder was prepared by the Office of the Vice President
and submitted to this Office for review with respect to form and legality.
The proposed Order would establish the Presidential Advisory Commission on Election
Integrity, chaired by the Vice President and including up to fifteen additional members. The
Commission would submit to the President a report that identifies (1) laws, rules, policies,
activities, strategies, and practices that either enhance or undermine the American people’s
confidence in the voting processes used in federal elections; and (2) vulnerabilities in voting
systems and practices used for federal elections.
The proposed Executive Order is approved with respect to form and legality.
Curtis E. Gannon
Acting Assistant Attorney General
Document ID: 0.7.14615.13448-000002

Office of Legal C ounsel
Office of the Assistant Attorney General Washington, D .C. 20530
May 9, 2017
The President,
The White House.
My dear Mr. President:
I am herewith transmitting a proposed Executive Order entitled, “Establishment of
Presidential Advisory Commission on Election Integrity.” This proposed Executive O rder was
prepared by the Office of the Vice President and submitted to this Office for review with respect
to form and legality.
Respectfully,
Curtis E. Gannon
Document ID: 0.7.14615.13448-000002

Office of the Assistant Attorney General Washington, D.C. 20530
May 9, 2017
MEMORANDUM
Re: Proposed Executive Order Entitled,

"Establishment ofPresidential Advisory
Commission on Election Integrity"
The attached proposed Executive Order was prepared by the Office of the Vice President
and submitted to this Office for review with respect to form and legality.
The proposed Order would establish the Presidential Advisory Commission on Election
Integrity, chaired by the Vice President and including up to fifteen additional members. The
Commission would submit to the President a report that identifies (1) laws, rules, policies,
activities, strategies, and practices that either enhance or undermine the American people's
confidence in the voting processes used in federal elections; and (2) vulnerabilities in voting
systems and practices used for federal elections.
Curtis E. Gannon
Document ID: 0.7.14615.7396

Office of the Assistant Attorney General Washington, D.C. 20530
May 9, 2017
The President,
The White House.
My dear Mr. President:
I am herewith transmitting a proposed Executive Order entitled, "Establishment of
Presidential Advisory Commission on Election Integrity." This proposed Executive Order was
prepared by the Office of the Vice President and submitted to this Office for review with respect
to form and legality.
Respectfully,
Curtis E. Gannon
Document ID: 0.7.14615.7396

EXECUTIVE ORDER
ESTABLISHMENT OF PRESIDENTIAL ADVISORY COMMISSION

ON ELECTION INTEGRITY
By the authority vested in me as President by the
Constitution and the laws of the United States of America, and
in order to promote fair and honest Federal elections, it is
hereby ordered as follows:
Section 1. Establishment. The Presidential Advisory
Commission on Election Integrity (Commission) is hereby
established.
Sec. 2. Membership. The Vice President shall chair the
Commission, which shall be composed of not more than
15 additional members. The President shall appoint the
additional members, who shall include individuals with knowledge
and experience in elections, election management, election fraud
detection, and voter integrity efforts, and any other
individuals with knowledge or experience that the President
determines to be of value to the Commission. The Vice President
may select a Vice Chair of the Commission from among the members
appointed by the President.
Sec. 3. Mission. The Commission shall, consistent with
applicable law, study the registration and voting processes used
in Federal elections. The Commission shall be solely advisory
Document ID: 0.7.14615.7396

2
and shall submit a report to the President that identifies the
following:
(a) those laws, rules, policies, activities, strategies,
and practices that enhance the American people's confidence in
the integrity of the voting processes used in Federal elections;
(b) those laws, rules, policies, activities, strategies,
and practices that undermine the American people's confidence in
the integrity of the voting processes used in Federal elections;
and
(c) those vulnerabilities in voting systems and practices
used for Federal elections that could lead to improper voter
registrations and improper voting, including fraudulent voter
registrations and fraudulent voting.
Sec. 4. Definitions. For purposes of this order:
(a) The term "improper voter registration" means any
situation where an individual who does not possess the legal
right to vote in a jurisdiction is included as an eligible voter
on that jurisdiction's voter list, regardless of the state of
mind or intent of such individual.
(b) The term "improper voting" means the act of an
individual casting a non-provisional ballot in a jurisdiction in
which that individual is ineligible to vote, or the act of an
Document ID: 0.7.14615.7396

3
individual casting a ballot in multiple jurisdictions,
regardless of the state of mind or intent of that individual.
(c) The term "fraudulent voter registration" means any
situation where an individual knowingly and intentionally takes
steps to add ineligible individuals to voter lists.
(d) The term "fraudulent voting" means the act of casting
a non-provisional ballot or multiple ballots with knowledge that
casting the ballot or ballots is illegal.
Sec . .5. Administration. The Commission shall hold public
meetings and engage with Federal, State, and local officials,
and election law experts, as necessary, to carry out its
mission. The Commission shall be informed by, and shall strive
to avoid duplicating, the efforts of existing government
entities. The Commission shall have staff to provide support
for its .functions.
Sec. 6. Termination. The Commission shall terminate
30 days after it submits its report to the President.
Sec. 7. General Provisions. (a) To the extent permitted
by law, and subject to the availability of appropriations, the
General Services Administration shall provide the Commission
with such administrative services, funds, facilities, staff,
equipment, and other support services as may be necessary to
carry out its mission on a reimbursable basis..
Document ID: 0.7.14615.7396

4
(b) Relevant executive departments and agencies shall
endeavor to cooperate with the Commission.
(c) .Insofar as the Federal Advisory Committee Act, as
amended (5 U.S. C. App.) (the "Act"), may apply to the
Commission, any functions of the President under that Act,
except for those in section 6 of the Act, shall be performed by
the Administrator of General Services.
(d) Members of the Commission shall serve without any
additional compensation for their work on the Commission, but
shall be allowed travel expenses, including per diem in lieu of
subsistence, to the extent permitted by law for persons serving
intermittently in the Government service (5 U.S.C. 5701-5707).
(e) Nothing in this order shall be construed to impair or
otherwise affect:
(i) the authority granted by law to an executive
department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of
Management and Budget relating to budgetary,
administrative, or legislative proposals.
(f) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
Document ID: 0.7.14615.7396

5
(g) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at
law or in equity by any party against the United States, its
departments, agencies, or entities, its officers, employees, or
agents, or any other person.
THE WHITE HOUSE,
Document ID: 0.7.14615.7396

Flynn, Caroline (OLC)
From: Flynn, Caroline (OLC)

Subject: RE: OLC paperwork for EO on Election Integrity
Hi Rosemary - very belated, but I wasn't sure why I was copied on this. Just letting you know in case
you meant to send it to someone else and they would still need it. Thanks, and see you tomorrow!
Document ID: 0.7.14615.7691

Colborn, Paul P (OLC)
From: Colborn, Paul P (OLC)

Sent: Thursday, July 06, 2017 9:54 AM
Subject: Voting Fraud Commission
FYI, I fo rgot to mention that (b) (5) . That's

good.
Document ID: 0.7.14615.5458


Sent: Thursday, July 06, 2017 11:39 AM
Subject: Election Integrity Commission
fyi
From: Colborn, Paul P (Ole)

Sent: Thursday, July 06, 201711:33 AM
To: 'GaryM Stern' • (b)(6 )
Subje ct: RE: Yesterday's call
I don't know if the letter went out and I don't have a copy.
From: GaryM Stern [mailto (b) (6)

Sent: Thursday, July 06, 201711:31 AM
To: Colborn, Paul P (OLC) • (b)(6 )
Subje ct: Re: Yesterday's call
Yes, we talked late in the day. Did the letter go out? If so, let me know if you have a copy?
GaryM. Stem
General Counsel
National Archives and Records Administration
8601 Adelphi Road
College Park, !vID 20740
(b) (6) (office)
301-837-0293 (fax)
(b ) (6 )
On Thu, Jul 6, 2017 at 11:19 AJivl, Colborn, Paul P (OLC) • (b) (6 ) • ,vrote:
• ?
Document ID: 0.7.14615.5454

McCoy, Deneen (OSG)
From: McCoy, Deneen (OSG)

Sent: Wednesday, July 12, 2017 3: 30 PM
To: Gannon, Curtis E. (O LC); Koffsky, Daniel L (OLC)
Cc: Yancey, Valerie Hall (OSG); Collyer, Keith A. (OSG)
Subject: FW: House and Senate Questions for Response
Attachments: House OS Questions for the Record - OLC.DOCX; Combined QFRs for 6-13-17
DOJ Hearing_OLC.DOCX
Hi Curtis/Dan,
Attached and highlighted are several questions for responses need from OLC. Please forward your
responses back to me by 3 pm Wednesday, July 19, 2017. Feel free to contact me if you have any questions.
Thank you for your attention on this matter.
Sara De11ee11 J-fcCoy

Fillancial Jlanageme1tt Specialist
US. Department of Justice
Office oftlze Solicitor Ge11eral
.lfain Builduzg - Room 6642
(b) (6) Office
1
(b) (6) Cell Phone

1
(202) 514-364 8 Fax

"Ifyou FAIL, never gn-e up because F.A.LL means "First Attempt In Learning".
End is not the end. In fact, E.N.D means "EFFORT ,',"EVER DIES".
/fJ 'OU get NO as an ans1i·ser, remember ~VO mea/ls "NEXT OPPORTl/l'IHTP'.
- unknonm
From: Williams, Melissa (JMD)

Sent: Wednesday, July 12, 2017 2:23 PM
To: McCoy, Deneen (OSG) Yancey, Valerie Hall (OSG) • (b ) (6 )
Collyer, Keith A. (OSG) • (b ) (6 )
Cc: Fick, Kevin (JMO) • (b) (6 )
Subject: House and Senate Questions for Response
Document ID: 0.7.14615.6173

We received several questions for response for OLC. They are highlighted in the attached documents. The
responses need to be recorded in MAX here: https://collect.max.gov/x/zFhKQb. The deadline for responses
is next Wednesday, July 19th by COB.
Thank you.
Melina Williams
BudgetAnalysl
u.s. Deparwnen.of Jusoce
Jusi:ice ManagemeN Divioon, Budgei Staff
Ob- -•
950 Pennsylvania Avenue NW, Room 2724
Cel " I
Document ID: 0.7.14615.6173

Document ID: 0.7.14615.6173-000003

Sent: Tuesday, July 18, 2017 3:30 PM
To: Haas, Alex (CIV}
Cc: Shumate, Brett A. (CIV)
Subject: RE: letter from members of congress re Election Integrity Commission
Thanks much, Alex.
From : Haas, Alex (CIV)

Sent: Tuesday, July 18, 2017 3:28 PM
To: Colborn, Paul P (Ole) ~
Cc: Shumate, Brett A. (CIV} • (b) (6 ) >
Subject: FW: letter from members of congress re Election Integrity Commission
Paul,
Tus letter was not directed to DOJ~but I wanted to make you a\,-are gi1:en your experience and the
issues cur.rent in play inYoh:ing minority requests foi: information.
Best,
.Alex
Document ID: 0.7.14615.5333

FOIA Response From DOJ's Office of Legal Counsel About The Presidential Advisory Commission On Election Integrity - March 30, 2018

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FOIA Response From DOJ's Office of Legal Counsel About The Presidential Advisory Commission On Election Integrity - March 30, 2018

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U.S.

Office of Legal Counsel

March 30, 2018

Re: FOIA Tracking No. FYl 7-218, FYl 7-270;

Dear Ms. Weiser:

cc: Casey Kyung-Se Lee

From: Stewart, Scott (OLC}

Here' s the draft PM

Document ID: 0.7.14615.5025

From: Hart, Rosemary (OLC}

I can look at it now, and also give it to someone else.

Document ID: 0.7.14615.5065

From: Hart, Rosemary (OLC}

This redline reflects my preliminary thoughts on this PM.

Document ID: 0.7.14615.5023

From: Hart, Rosemary (OLC}

Here they are.

Document ID: 0.7.14615.5028

From: Hart, Rosemary {Ole)

Begin forwarded message:

From: "Stewart, Scott (OLC}" • (b) (6)

Begin forwarded message:

Document ID: 0.7.14615.5861

From: Stewart, Scott (OLC}

I'm reviewing too. (b ) (5 )

Okay. FYI: still no word back from Jim.

From: Hart, Rosemary ( OLC}

I can re,~ew in 15 minutes.

Document ID: 0.7.14615.5044

Document ID: 0.7.14615.5044

From: Hart, Rosemary (OLC}

I like that part! (b)(5 ) I.

And would solve (b ) (5)

Yep. (Note that (b) (5) .)

From: Hart, Rosemary (Ole}

From: Gannon, Curtis E. (Ole)

From: Hart, Rosemary (OLC)

Document ID: 0.7.14615.5063

From: Stewart, Scott (OLC}

I'm marking a few light suggestions and will circulate shortly.

Document ID: 0.7.14615.5093

From: Hart, Rosemary (OLC}

Document ID: 0.7.14615.5078

From: Hart, Rosemary (OLC}

Begin forwarded message:

From: "Stewart, Scott (OLC}" • (b) (6)

Attached are my addit ional suggestions.

Document ID: 0.7.14615.5869

Document ID: 0.7.14615.5869

From: Gannon, Curtis E. (OLC)

Those edits look good to me.

Document ID: 0.7.14615.5107

Document ID: 0.7.14615.5107

From: Hart, Rosemary (OLC}

Thnx for sending.

From: '1art, Rosemary ( Ole}

I wonder , (b) (5)

Document ID: 0.7.14615.5087

From: Hart, Rosemary (OLC}

Document ID: 0.7.14615.5096

Sent: Thursday, January 26, 2017 1:41 PM

From: Hart, Rosemary {Ole)

This is what I got from Scott about an hour ago.