This document is a cover letter to the ACLU enclosing 847 released documents for a FOIA request. The letter also identifies exemptions made in documents under the Freedom of Information/Privacy Acts (FOIPA), Title 5, United States Code, Section 552/552a. An explanation of the exemptions is also attached.
May 7, 2009
Russell G. Leavitt
Office of the General Counsel
United States Department of Defense
1600 Defense Pentagon
Room 3B688
Washington, DC 20301-1600
VIA E-mail
Jameel Jaffer
ACLU Foundation
Legal Department
125 Broad Street
18thFloor
New York, NY 10004-24000
Re: American Civil Liberties Union v. Department of Defense, et al., No. 1:08-cv-01003-RJL
Dear Mr. Jaffer,
I write to inform you of DoD's review of a document referred to us by the Department of
Justice in the above-referenced case. We received the document, which consists of forty-six
pages, on April 3, 2009. It represents a draft response to Congressional Questions for the
Record, arising out of a hearing before the Senate Judiciary Committee, on June 15, 2005.
Although we are withholding the draft, pursuant to FOIA Exemption 5 and the Deliberative
Process Privilege, the final version of these answers was published in the Congressional Record,
with only minimal changes. It can be located on the web, at pages 73-99 and 121-137 of this
file: http://www.access.grotioviconciress/senate/Ddf/109hrq/24332.pdf . As always, if you have any
questions, please direct them to Ms. Marcia Sowles, United States Department of Justice, Civil
Division.
Sinc ely,
4■44OZ•
Russell G. Leavitt
Associate Deputy General Counsel (Legal Counsel)
ACLU-RDI 6158 p.1 DOJOIG003855