FOIA Appeal: CREW: DOJ-EOUSA: Regarding John Ensign: 1/14/11

CREW I citizens for responsibility and ethics in washington Melanie Ann Pustay Director Office o f Information Policy U.S. Department o f Justice 1425 Ne w York Avenue Suite 11050 Washington, D.C. 20530-0001 January 14,2011 Re: Freedom o f Information Act Appeal in Request No. 2010-4464 Dear Ms. Pustay: Citizens for Responsibility and Ethics in Washington ("CREW") hereby appeals the refusal o f the Executive Office o f the United States Attorneys ("EOUSA") to process and release to CREW any records responsive to our Freedom o f Information Act ("FOIA") request o f December 13,2010. By letter dated and sent by facsimile on December 13 ,2010, CREW requested all records related to the investigation o f Senator John Ensign (R-NV) conducted by the Department o f Justice ("DOl") and the Federal Bureau o f Investigation ("FBI") , including but not limited to DOl's decision not to bring criminal charges against Sen. Ensign. CREW explicitly excluded from its request records covered by grand jury secrecy pursuant to Rule 6(e) o f the Federal Rules o f Criminal Procedure. A copy o f the request is attached as Exhibit A. CREW also sought a public interest fee waiver, explaining that the requested records are likely to contribute to greater public awareness of alleged malfeasance and possible criminal behavior by Sen. Ensign, as well as the decision o f DOJ not to prosecute Sen. Ensign despite his known conduct. As CREW explained, Sen. Ensign took a series o f potentially illegal actions in an effort to cover up his admitted affair with a former campaign staffer, Cynthia Hampton, whose husband Doug Hampton had served as Sen. Ensign's former chief o f staff. Among other things , Se n . Ensign helped Mr. Hampton establish a lobbying practice, lined up clients to pay Mr. Hampton enough to match his former Senate salary, and later contacted federal officials on behalf of some o f Mr. Hampton's new cl ents. Sen. Ensign and his family also provided the Hamptons with questionable gifts and severance payments, including a $96,000 gift from Sen. Ensign ' s parents. According to press reports, DO J initiated an investigation into Se n . Ensign's conduct in late 2009, and notified hi m in November-20l0 it had ended its investigation of him. See Steve Tetreault & Jeff German, News again good for Ensign, Las Vegas Review-Journal, Dec . 2 , 2010 1400 E ye S treet, N.w., S uite 450, Was hington, D .C . 20005 I 202.408.5565 ph on e I 202.588.50 20 fa x I www .cit izensfore t hics .org

FOIA Appeal: CREW: DOJ-EOUSA: Regarding John Ensign: 1/14/11

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