Case 1:20-cv-00833-PAE Document 24 Filed 08/05/20 Page 1 of 34

Case 1:20-cv-00833-PAE Document 24 Filed 08/05/20 Page 1 of 34 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK THE NEW YORK TIMES COMPANY, Plaintiff, v. FEDERAL BUREAU OF PRISONS, Defendant. 20-CV-00833 (PAE) DECLARATION OF KARA CHRISTENSON I, Kara Christenson, declare as follows: I. I am employed by the United States Department of Justice, Federal Bureau of Prisons ("BOP"), as a Government Information Specialist ("GIS") for Central Office, stationed at the Federal Medical Center in Rochester, Minnesota ("FMC Rochester"). I have been assigned to Central Office since August 2016. Prior to that time, I served as a Paralegal for the North Central Regional Office ("NCRO") from September 2008 to August 2016. From June of 1994 through September of 2008, I served in various legal support positions for the Legal Department at the Federal Medical Center (FMC) in Rochester, MN. I have been employed by the BOP since March 1992. 2. As a Government Information Specialist, my duties include serving as a Freedom of Information Act (FOIA) Specialist responsible for all facets of processing FOIA and Privacy Act (PA) requests, with primary responsibility for analysis of, responses to, and monitoring of requests for BOP records pursuant to 5 U.S.C. § 552. I also provide litigation support for the FOIA EFTA00015361 Case 1:20-cv-00833-PAE Document 24 Filed 08/05/20 Page 2 of 34 requests assigned to me. In addition to these responsibilities, I am authorized to review for final BOP disposition the FOIA determination responses prepared by other GIS staff in my office. 3. I submit this declaration in support of the BOP's motion for summary judgment, to describe BOP's search for records responsive to the FOIA requests submitted by Plaintiff, review of responsive records, and application of exemptions to responsive records. 4. The statements made in this declaration are based upon my personal knowledge and information available to me in my official capacity and about which I have become knowledgeable. I. PLAINTIFF'S FOIA REOUESTS A. FOIA Request 2019-05665 5. In an email dated August 13, 2019, the BOP received a FOIA request from Plaintiff. The FOIA request sought documents "about Jeffrey Epstein who died at the Metropolitan Correctional Center (MCC) on Aug. 10, 2019." See Attachment 1, Plaintiff's FOIA request dated August 13, 2019. Specifically, Plaintiff sought the following records: (1) The signed log in the Special Housing Unit at MCC that shows when prison staff did rounds on July 22 and 23, and Aug. 9 and 10; (2) All quarter entries (showing which cells he was housed in) for Jeffrey Epstein at MCC; (3) The CIM Clearance and Separatee data sheet for Jeffrey Epstein at MCC; (4) The chronological disciplinary records for Jeffrey Epstein at MCC; (5) The intake screening form for Jeffrey Epstein at MCC; (6) The security designation records for Jeffrey Epstein at MCC; (7) The inmate profile for Jeffrey Epstein at MCC; EFTA00015362 Case 1:20-cv-00833-PAE Document 24 Filed 08/05/20 Page 3 of 34 (8) All incident reports related to Jeffrey Epstein at MCC; (9) All medical reports related to Jeffrey Epstein at MCC; (10) The signed visitor log for Jeffrey Epstein at MCC; (11) Documents showing when MCC staff held meetings regarding Jeffrey Epstein, and who attended; (12) All records generated from the meeting at MCC during which it was decided that Jeffrey Epstein would be taken off suicide watch; (13) The Post-Watch report compiled in order to take Jeffrey Epstein off suicide watch; (14) The overtime sign-up sheets for the Special Housing Unit (9 South) at MCC for Aug. 9 and 10, and on July 22 and 23; and (15) Documents showing which staff were augmented at MCC and what positions they worked in on Aug. 9 and 10, and on July 22 and 23. See id. 6. In a separate email, also dated August 13, 2019, the BOP received a second FOIA request from Plaintiff for documents "about Jeffrey Epstein who died at the Metropolitan Correctional Center (MCC) on Aug. 10, 2019." See Attachment 2, Plaintiff's FOIA request dated August 13, 2019, Email 2. Specifically, Plaintiff sought the following records: (1) All video camera footage at MCC pertinent to the Jeffrey Epstein suicide and the first suicide attempt; (2) All BOP documents pertaining to Jeffrey Epstein's suicide and first suicide attempt; (3) All BOP documents, including email correspondence and meeting minutes, pertaining to the decision to remove Jeffrey Epstein from suicide watch; EFTA00015363 Case 1:20-cv-00833-PAE Document 24 Filed 08/05/20 Page 4 of 34 (4) All BOP special investigation reports mentioning Jeffrey Epstein; and (5) All BOP correspondence with the U.S. Attorney's Office regarding Jeffrey Epstein. See id. 7. Because these two email requests from the Plaintiff were dated the same date and received by the BOP on the same date, the BOP consolidated the requests as one request and assigned this consolidated request FOIA Request Number 2019-05665. On September 23, 2019, the BOP issued its final determination response regarding FOIA Request 2019-05665. See Attachment 3, Determination Response for FOIA Request 2019-05665. In its final determination response, the BOP categorically denied the request because "any records responsive to your request are categorically exempt from disclosure pursuant to the Freedom of Information Act, 5 U.S.C. §§ 552 (b)(5); (b)(6); (b)(7)(A); (b)(7)(C); (b)(7)(E); and (b)(7)(F). Id. The BOP also advised Plaintiff, as to exemption (b)(7)(A), the application of the exemption was temporarily utilized "to protect active and on-going law enforcement proceedings." Id. 8. Plaintiff appealed the BOP's determination response to the Office of Information Policy ("OIP"), and in response, OIP affirmed the BOP's determination response on partially modified grounds. See Attachment 4, OIP Determination Response on Plaintiff's Appeal. Specifically, OIP determined the "BOP properly withheld this information in full because it is protected from disclosure under the FOIA pursuant to 5 U.S.C. § 552(b)(7)(A) and it is reasonably foreseeable that disclosure of this information would harm the interests protected by this provision." Id. OIP did not adjudicate the applicability of the other exemptions asserted by the BOP. Id. B. FOIA Request 2020-01336 EFTA00015364 Case 1:20-cv-00833-PAE Document 24 Filed 08/05/20 Page 5 of 34 9. In an email dated December 12, 2019, the BOP received a third FOIA request from Plaintiff for documents "about Jeffrey Epstein who died at the Metropolitan Correctional Center (MCC) on Aug. 10, 2019." See Attachment 5, Plaintiff's FOIA request dated December 12, 2019. Specifically, Plaintiff sought the following records: (1) The full log of Mr. Epstein's phone calls to and from the MCC; (2) All email correspondence to and from Mr. Epstein while he was at the MCC (including any correspondence through the Corrlinks system or any other email system he had access to); (3) The full log of people who visited Epstein while he was at the MCC when they visited; (4) The full list of people that Mr. Epstein had requested to be on his approved visitor list; (5) The full list of people that Mr. Epstein had requested to be on his approved email correspondence list; and (6) The full list of people that Mr. Epstein had requested to be on his approved call list. See id. 10. In an email dated January 2, 2020, the BOP received a fourth FOIA request from Plaintiff for documents "about Jeffrey Epstein who died at the Metropolitan Correctional Center (MCC) on Aug. 10, 2019." See Attachment 6, Plaintiff's FOIA request dated January 2, 2020. Specifically, Plaintiff sought the following records: See id. (1) The full recordings of the last three phone conversations that Mr. Epstein had. 11. In a response to the Plaintiff dated January 9, 2020, the BOP advised Plaintiff that the January 2, 2020, request and the December 19, 2020, request were aggregated under FOIA EFTA00015365 Case 1:20-cv-00833-PAE Document 24 Filed 08/05/20 Page 6 of 34 Request Number 2020-01336. See Attachment 7, January 9, 2020, Aggregation of Requests Response Letter. The BOP did not issue a final determination response concerning FOIA Request 2020-01336 prior to the filing of this action. On January 30, 2020, Plaintiff filed its Complaint in this case. II. SEARCH FOR RECORDS 12. The BOP initiated a search of its records systems to identify records and other information potentially responsive to Plaintiff's FOIA requests. This search process entailed my consulting with staff across BOP divisions, offices, and facilities regarding the various items requested in Plaintiff's FOIA requests, and determining which BOP divisions, offices or facilities likely maintained potentially responsive records; staff undertaking searches for records; and staff subsequently forwarding any potentially responsive records to me for review to determine whether the records were responsive to the request, whether any records were duplicates of any other records received in response to the search; whether any records were exempt in whole or in part pursuant to any FOIA exemption; and whether any non-exempt information could be reasonably segregated from otherwise exempt records pursuant to FOIA to provide maximum release of the records. A. BOP's Search for Records and Records Retrieved 13. SHU LOGS — Based the experience and training of myself and other staff involved in searching for records, it was determined that the SHU at MCC New York is the most likely place to locate records responsive to the request for "[t]he signed log in the Special Housing Unit at MCC that shows when prison staff did rounds on July 22 and 23, and Aug. 9 and I." EFTA00015366 Case 1:20-cv-00833-PAE Document 24 Filed 08/05/20 Page 7 of 34 However, the SHU log books in question were handed over to the Office of the Inspector General ("OIG") on or about August 22, 2019. Therefore, the BOP is no longer in possession of the log books that are the subject of the FOIA request, and no responsive records were located. Scanned copies of certain log book pages, count slips, or other records showing when staff conducted rounds in the SHU were retained in the electronic files of certain individual staff members at MCC and were located through their searches for these documents. 14. SENTRY QUARTER'S HISTORY - Based on the experience and training of myself and other staff involved in searching for records, it was determined that the SENTRY database was the most likely place where records responsive to the request for "[a]ll quarter entries (showing which cells he was housed in) for Jeffrey Epstein at MCC" would be located. The BOP SENTRY database is a real-time information system consisting of various applications for processing sensitive but unclassified (SBU) inmate information and for property management. Data collected and stored in the system include information relating to the care, classification, subsistence, protection, discipline, and programs of federal inmates. To search SENTRY for responsive information, staff used Jeffrey Epstein's unique inmate register number of 76318-054 and the transaction code of PP37 for Quarters history. The search returned the Inmate History Quarters for inmate Epstein, which was produced to Plaintiff on June 22, 2019, with redactions. 15. CIM CLEARANCE SHEET/SEPARATEE DATA - Based on the experience and training of myself and other staff involved in searching for records, it was determined that the SENTRY database was the most likely place where the "CIM Clearance and Separatee data sheet for Jeffrey Epstein at MCC" would be located. To search SENTRY for responsive information, staff used Jeffrey Epstein's unique inmate register number of 76318-054 and the transaction code 7 EFTA00015367 Case 1:20-cv-00833-PAE Document 24 Filed 08/05/20 Page 8 of 34 of PPIO for am and Separatee information. This SENTRY search returned the CIM Clearance and Separatee data sheet for inmate Epstein, which was produced to Plaintiff in full on June 22, 2019. 16. DISCIPLINARY RECORDS - Based on the experience and training of myself and other staff involved in searching for records, it was determined that the SENTRY database was the most likely place where the "chronological disciplinary records for Jeffrey Epstein at MCC" would be located. To search SENTRY for responsive information, staff used Jeffrey Epstein's unique inmate Register Number of 76318-054 and the transaction code of PD15 for disciplinary history. This SENTRY search returned the disciplinary history for inmate Epstein which was produced to Plaintiff in full on June 22, 2019, and one incident report for Epstein, which was withheld in full as noted in the attached index at Entry 1. 17. INTAKE SCREENING FORM - Based on the experience and training of myself and other staff involved in searching for records, it was determined that the DROP File was where records responsive to the request for "the intake screening form for Jeffrey Epstein at MCC" would be located. A DROP File is a temporary, condensed version of a typical inmate Central File. (Program Statement 5800.17, Inmate Central Files, Privacy Folder and Parole Mini-Files) Only inmates in pre-trial status have their records maintained in a DROP File. Upon an inmate's sentencing, the DROP File records are incorporated into a regular Central File that follows the inmate for the remainder of incarceration. The DROP File contains records such as remand orders, some displinary information, personal property records and routine custody related records. Based on my experience, I requested staff at MCC New York conduct a search of inmate Epstein's DROP file for a copy of his Intake Screening Form as that is the location most reasonably expected 8 EFTA00015368 Case 1:20-cv-00833-PAE Document 24 Filed 08/05/20 Page 9 of 34 to locate the form. A review of inmate Epstein's DROP file did not produce records responsive to Plaintiff's request for the Intake Screening Form. Based on my own experience and conversations with MCC staff, there are no other locations reasonably expected to produce results. 18. SECURITY DESIGNATION - Based on the experience and training of myself and other staff involved in searching for records, it was determined that the SENTRY database was the most likely place where "the security designation records for Jeffrey Epstein at MCC" would be located. To search SENTRY for responsive information, staff used Jeffrey Epstein's unique inmate register number of 76318-054 and the transaction codes of PPGO for Security Designation and PPG6 for Classification. The search returned the security designation for inmate Epstein, and produced to Plaintiff in full on June 22, 2019. 19. INMATE PROFILE - Based on the experience and training of myself and other staff involved in searching for records, it was determined that the SENTRY database was the most likely place where "the inmate profile for Jeffrey Epstein at MCC" would be located. To search SENTRY for responsive information, staff used Jeffrey Epstein's unique inmate register number of 76318-054 and the transaction code of PP44 for Inmate Profile. The search returned the inmate profile security designation for inmate Epstein, and produced to Plaintiff in full on June 22, 2019. 20. INCIDENT REPORTS - Based on the experience and training of myself and other staff involved in searching for records, it was determined that the SENTRY database was the most likely place where "[a]ll incident reports related to Jeffrey Epstein at MCC" would be located. To search SENTRY for responsive information, staff used Jeffrey Epstein's unique inmate register number of 76318-054 and the transaction code of PD15 for disciplinary history. This SENTRY search returned the disciplinary history for inmate Epstein which was produced to Plaintiff in full 9 EFTA00015369 Case 1:20-cv-00833-PAE Document 24 Filed 08/05/20 Page 10 of 34 on June 22, 2019, and one incident report for Epstein, which was withheld in full as noted in the attached index at Entry I. 21. MEDICAL REPORTS - Based on the experience and training of myself and other staff involved in searching for records, it was determined that the Bureau Electronic Medical Record (BEMR) was the most likely place where "all medical reports related to Jeffrey Epstein at MCC." BEMR is the electronic medical records repository for the BOP that contains all medical records for inmates in BOP custody. To search BEMR for inmate related information, staff used Jeffrey Epstein's unique inmate register number of 76318-054 to retrieve all of his medical records. The search returned any medical, dental, optical and/or psychological records for inmate Epstein. The psychological records were withheld in full, as noted on the attached index at Entry 19. BOP is currently revewing the remaining BEMR records to segregate non-exempt information and intends to release the records in part. 22. VISITOR LOG - Based on the experience and training of myself and other staff involved in searching for records, it was determined that the TRUVIEW database was the most likely place where visitor log information for inmate Epstein would be located. TRUVIEW is a BOP database that combines several inmate information databases (i.e., inmate finances, call lists, messaging, visiting, and volunteer management) into one program. Regarding inmate visitors, the TRUVIEW contains a log of all inmate visits. To search TRUVIEW for inmate related information, staff used Jeffrey Epstein's unique inmate register number of 76318-054 to retrieve all of his visitor information. The search returned the Federal Bureau of Prisons/TRUVIEW/Inmate Center Report for inmate Epstein, produced to Plaintiff with redactions on June 22, 2019. Scanned copies of certain log book pages showing visitors to Epstein were 10 EFTA00015370 Case 1:20-cv-00833-PAE Document 24 Filed 08/05/20 Page 11 of 34 retained in the electronic files of certain individual staff members at MCC and were located through their searches for these documents. The search returned two pages of scanned visitor logs, which BOP is reviewing for segregable non-exempt information and intends to release in part. 23. MEETING DOCUMENTS - Based on the experience and training of myself and other staff involved in searching for records, it was determined that a search of staff emails would be the most likely way to locate records responsive to the request for "[d]ocuments showing when MCC staff held meetings regarding Jeffrey Epstein, and who attended." The email search is described in Paragraphs 44-46, infra. Additional searches for meetings documents are described in the Declaraton of Nicole McFarland (the "McFarland Declaration"). 24. SUICIDE WATCH REMOVAL MEETING DOCUMENTS - Based on the experience and training of myself and other staff involved in searching for records, it was determined that a search of staff emails would be the most likely way to locate records responsive to the request for "[a]ll records generated from the meeting at MCC during which it was decided that Jeffrey Epstein would be taken off suicide watch." The email search is described in Paragraphs 44-46, infra. Additional searches for meetings documents are described in the McFarland Declaration. 25. POST- WATCH REPORT - Based on the experience and training of myself and other staff involved in searching for records, it was determined that a search of staff emails and BEMR were the most likely ways to locate "the Post-Watch report compiled in order to take Jeffrey Epstein off suicide watch." The email search is described in Paragraphs 44-46, infra and the BEMR search is described in Paragraph 21 supra. The BOP located the psychological records 11 EFTA00015371 Case 1:20-cv-00833-PAE Document 24 Filed 08/05/20 Page 12 of 34 for Epstein from BEMR, including a post-suicide watch report for Epstein prepared as part of his removal from suicide watch, which was withheld in full, as noted in the attached index at Entry 19. 26. OVERTIME SIGN-UP SHEETS - Based on the experience and training of myself and other staff involved in searching for records, it was determined that a search of the Roster/Overtime Program was the most likely place where "[t]he overtime sign-up sheets for the Special Housing Unit (9 South) at MCC for Aug. 9 and 10, and on July 22 and 23" would be located. The Roster/Overtime Program is a web based program that allows staff to submit overtime requests, submit Quarterly Preferences, view Daily Assignments, and view the Mandatory Overtime List. The search returned the MCC daily assignment rosters for August 9 and 10, 2019, and July 22 and 23, 2019, which were withheld in full, except for one page released in part from each roster on June 22, 2020, as noted in the attached index at Entries 7-9. 27. STAFF AUGMENTING RECORDS - Based on the experience and training of myself and other staff involved in searching for records, it was determined that a search of the Roster/Overtime Program was the most likely place where "Documents showing which staff were augmented at MCC and what positions they worked in on Aug. 9 and 10, and on July 22 and 23" would be located. The search returned the MCC daily assignment rosters for August 9 and 10, 2019, and July 22 and 23, 2019, which were withheld in full, except for one page released in part from each roster on June 22, 2020, as noted in the attached index at Entries 7-9. 28. VIDEO CAMERA FOOTAGE - Based on the experience and training of myself and other staff involved in searching for records, it was determined that the Special Investigativer Agent's (SIA) office was the most likely place where video camera footage responsive to the 12 EFTA00015372 Case 1:20-cv-00833-PAE Document 24 Filed 08/05/20 Page 13 of 34 request for lap video camera footage at MCC pertinent to the Jeffrey Epstein suicide and the first suicide attempt" would be located. After consulting with the custodian for such records, it was determined that the BOP does not have possession of responsive records because all video/NICE vision equipment was handed over to the FBI on or about August 10, 2019. 29. The BOP sought to preserve video footage from July 23, 2019, the night of Epstein's apparent suicide attempt, pursuant to a preservation request in a criminal case. However, the BOP inadvertently preserved footage showing a different area within MCC, and the video footage from the SHU at MCC no longer exists on the backup system because of a technical error. See Letter from the Government dated January 9, 2020, Dkt. No. 182, United States v. Tartaglione, No. 16-cr-832 (KMK). 30. SUICIDE ATTEMPT AND SUICIDE RECORDS - Based on the experience and training of myself and other staff involved in searching for records, it was determined that a search of the Bureau Electronic Medical Record (BEMR) and a search for Forms 583 and related documents were the best methods to locate records responsive to the request for "[Ill BOP documents pertaining to Jeffrey Epstein's suicide and first suicide attempt." To locate medical and psychological records responsive to this request, BOP searched BEMR. GOP's BEMR search is detailed supra at Paragraph 21. The psychological records were withheld in full, as noted on the attached index at Entry 19. BOP is currently revewing the remaining BEMR records to segregate non-exempt information and intends to release the records in part. 31. With regard to the Form 583 and related documents, MCC Staff located the Form 583 and related documents concerning Epstein's apparent suicide attempt on July 23, 2019 as described in the McFarland Declaration. Because staff at MCC New York did not have access to 13 EFTA00015373 Case 1:20-cv-00833-PAE Document 24 Filed 08/05/20 Page 14 of 34 the Form 583 and related documents concerning Epstein's suicide on August 10, 2019, I requested these records from the Correctional Programs Division in the Central Office of the Bureau of Prisons (BOP). Based on my knowledge and experience, I am aware that the Correctional Programs Division (CPD) has access to all Form 583s and related documents regardless of the institution that created the Form 583 as they are the Division that has overall responsibility for all Correctional Services Departments in the BOP. Accordingly, once I became aware staff at MCC New York no longer had access to the Form 583 and related documents from August 10, 2019, knowing that the CPD was the location most reasonably expected to maintain the Form 583 and related documents concerning Epstein's suicide on August 10, 2019, I requested, and received, the records from them. The 583 Forms were withheld in full, as noted in the attached Index at Entries 15 and 18. 32. BOP staff also located additional reports prepared following Epstein's apparent suicide attempt and Epstein's suicide, including a psychological reconstruction of inmate death and responses thereto, including a memorandum; a document titled MCC New York Updates; draft letters to Epstein's brother, Chief Judge McMahon and Judge Berman; a letter to the MCC warden dated August 14, 2019; photo sheets from Epstein's July 23, 2019 apparent suicide attempt and Epstein's August 10, 2019 suicide, a chain of custody form from Epstein's July 23 apparent suicide attempt, reports of the July 23, 2019 apparent suicide attempt, memoranda and reports of Epstein's August 10, 2019 suicide. MCC staff located these documents by manually searching their files for records pertaining to Epstein's July 23, 2019 apparent suicide attempt and Epstein's August 10, 2019 suicide. These records were withheld in full or withheld in part as noted in the attached Index at Entries 2, 10, 11, 12, 13, 14, 16, 17, 18, 20, 35, and 36. 14 EFTA00015374 Case 1:20-cv-00833-PAE Document 24 Filed 08/05/20 Page 15 of 34 33. SUICIDE WATCH REMOVAL DOCUMENTS - Based on the experience and training of myself and other staff involved in searching for records, it was determined that, in addition to any records that may exist in the BEMR for inmate Epstein, a search of staff emails was the other place where records responsive to the request for 101 BOP documents, including email correspondence and meeting minutes, pertaining to the decision to remove Jeffrey Epstein from suicide watch" would be. The email search is described in Paragraphs 44-46, infra and the scope and results of the BEMR search are described in Paragraph 28 supra. These records were withheld in full as noted in the attached Index at Entries 19 and 52. Additional searches for documents pertaining to the decision to remove Epstein from suicide watch are described in the McFarland Declaration. 34. SPECIAL INVESTIGATIVE REPORTS - Based on the experience and training of myself and other staff involved in searching for records, it was determined that a search of the BOP Special Investigative Section ("SIS") database known as TRUINTEL was the best way to locate records responsive to the request for "[a]ll BOP special investigation reports mentioning Jeffrey Epstein." The SIS database contains information related to investigation of both inmates and staff. To search the SIS database for special investigation reports about inmate Epstein, staff used inmate Epstein's unique inmate register number of 76318-054 to retrieve any and all special investigative reports maintained by the BOP about inmate Epstein. The search returned one Inmate Investigative Report for inmate Epstein, which was withheld in full, as noted on the attached index at Entry 9. 35. CORRESPONDENCE - Based on the experience and training of myself and other staff involved in searching for records, it was determined that a search of staff emails was the most 15 EFTA00015375 Case 1:20-cv-00833-PAE Document 24 Filed 08/05/20 Page 16 of 34 effective way to locate records responsive to the request for "[a]It BOP correspondence with the U.S. Attorney's Office regarding Jeffrey Epstein." The email search is described in Paragraphs 44-46, infra. 36. PHONE LOGS - Based on the experience and training of myself and other staff involved in searching for records, it was determined that a search of the TRUVIEW database was the most likely place where a "full log of Mr. Epstein's phone calls to and from the MCC" would be located. Regarding inmate telephone calls, TRUVIEW contains a list of all people who were approved to be on inmate Epstein's telephone list, and it also has a log of all inmate telephone calls not made on a legal line. To search TRUVIEW for inmate related information, staff used Jeffrey Epstein's unique inmate register number of 76318-054 to retrieve all of his telephone call information. The search returned the Federal Bureau of Prisons/TRUVIEW/Inmate Center Report for inmate Epstein, produced to Plaintiff with redactions on June 22, 2019. 37. EMAIL COMMUNICATIONS - Based on the experience and training of myself and other staff involved in searching for records, it was determined that the TRULINCS database was the most likely place where "[a]ll email correspondence to and from Mr. Epstein while he was at the MCC (including any correspondence through the Corrlinks system or any other email system he had access to[]" would be located. TRULINCS is a BOP database that is comprised of two main components. One component is the inmate application used solely by the inmates and provides inmates the capability to manage their contact list for emails, communicate with members of the public on an inmate's contact list via email, and communicate with staff. To search TRULINCS for inmate related information, staff used Jeffrey Epstein's unique inmate register number of 76318-054 to check for email communications to and from inmate Epstein. The search 16 EFTA00015376 Case 1:20-cv-00833-PAE Document 24 Filed 08/05/20 Page 17 of 34 did not return any results for emails to/from Epstein's TRULINCS account - either to/from any member of the public or to/from staff. 38. VISITOR LOGS - Based on the experience and training of myself and other staff involved in searching for records, it was determined that a search of the TRUVIEW database was the most likely place where "[t]he full log of people who visited Mr. Epstein while he was at the MCC and when they visited" would be located. Regarding inmate visitors, the TRUVIEW contains a log of all inmate visits. To search TRUVIEW for inmate related information, staff used Jeffrey Epstein's unique inmate register number of 76318-054 to retrieve all of his visitor information. The search returned the Federal Bureau of Prisons/TRUVIEW/Inmate Center Report for inmate Epstein, produced to Plaintiff with redactions on June 22, 2019. 39. In addition, staff at MCC searched for physical visitor logs and located one log book showing a visitor for Jeffrey Epstein on July 30, 2019. A copy of the page from the log book showing this visit was produced to the Plaintif with redactions on June 22, 2019. All other physical visitor logs were handed over to the OIG on or about August 22, 2019, and the BOP is no longer in possession of these logs. 40. VISITOR LISTS - Based on the experience and training of myself and other staff involved in searching for records, it was determined that a search of the TRUVIEW database was the most likely place where "[t]he full list of people that Mr. Epstein had requested to be on his approved visitor list." would be located. To search TRUVIEW for inmate related information, staff used Jeffrey Epstein's unique inmate register number of 76318-054 to retrieve all of his visitor information. The search returned the Federal Bureau of Prisons/TRUVIEW/Inmate Center Report for inmate Epstein, produced to Plaintiff with redactions on June 22, 2019. 17 EFTA00015377 Case 1:20-cv-00833-PAE Document 24 Filed 08/05/20 Page 18 of 34 41. EMAIL LIST - Based on the experience and training of myself and other staff involved in searching for records, it was determined that a search of the TRUVIEW database was the most likely place where "[t]he full list of people that Mr. Epstein had requested to be on his approved email correspondence list" would be located. To search TRUVIEW for inmate related information, staff used Jeffrey Epstein's unique inmate register number of 76318-054 to retrieve all of his visitor information. The search returned the Federal Bureau of Prisons/TRUVIEW/Inmate Center Report for inmate Epstein, produced to Plaintiff with redactions on June 22, 2019. 42. APPROVED CALL LIST- Based on the experience and training of myself and other staff involved in searching for records, it was determined that a search of the TRUVIEW database was the most likely place where "[t]he full list of people that Mr. Epstein had requested to be on his approved call list" would be located. Regarding inmate approved call lists, the TRUVIEW database contains a log of all people who are approved to be on an inmate's call list. To search TRUVIEW for inmate related information, staff used Jeffrey Epstein's unique inmate register number of 76318-054 to retrieve all of his visitor information. The search returned the Federal Bureau of Prisons/TRUVIEW/Inmate Center Report for inmate Epstein, produced to Plaintiff with redactions on June 22, 2019. 43. RECORDINGS OF TELEPHONE CALLS - Based on the experience and training of myself and other staff involved in searching for records, it was determined that the TRUVIEW database was the most likely place where the approved call list information for inmate Epstein would be located to determine if there were any "recordings of the last three phone conversations that Mr. Epstein had." To search TRUVIEW for inmate related information. staff 18 EFTA00015378 Case 1:20-cv-00833-PAE Document 24 Filed 08/05/20 Page 19 of 34 used Jeffrey Epstein's unique inmate register number of 76318-054 to retrieve all of his call information. The search returned the Federal Bureau of Prisons/TRUVIEW/Inmate Center Report for inmate Epstein, produced to Plaintiff with redactions on June 22, 2019. Epstein did not have any calls listed there, and so no recordings of Epstein's calls were located. As noted above, Epstein did make telephone calls on the legal line at the MCC, but these calls were unmonitored, unrecorded and not logged in TRUVIEW, such that there is no system to search for records of them. III. BOP'S EMAIL SEARCH 44. Below is a description of the email search for records as it relates to requests for which a search of email records was conducted, as noted above. Based on the experience and training of myself and other staff involved in searching for records, it was determined that a search of the BOP's GROUPWISE email system was appropriate as GROUPWISE is the BOP's email client platform for staff. Based on the scope of the requests, the GROUPWISE email accounts for the below identified BOP staff was the most likely place where communications about inmate Epstein would likely be located, as these BOP staff were key decision makers at the institution, regional, and central office levels of the BOP and were likely involved and likely made recommendations about Mr. Epstein's classification while he was confined at MCC New York. The email search was conducted using both the staff member's name and his or her unique BOP identifier and other particularized search terms based on the Plaintiff's FOIA Requests. The staff whose emails were searched were as follows: (1) Acting Director Hurwitz; (2) Former Regional Director Johnathan Ray Ormond; (3) Regional Counsel Darrin Howard; 19 EFTA00015379 Case 1:20-cv-00833-PAE Document 24 Filed 08/05/20 Page 20 of 34 (4) Deputy Regional Counsel Adam Johnson; (5) Correctional Programs Administrator Sukenna Stokes; (6) Warden Laraine N'Diaye; (7) Associate Warden Shirley Skipper Scott; (8) Associate Warden Charisma Edge; (9) Associate Warden Brian Best; (10) Executive Assistant Lee Plourde; (11) Supervisory Attorney Nicole McFarland; 12) Captain Jermaine Darden; and (13) Chief of Psychology Elissa Miller. 45. Based on the scope of the FOIA request, the search terms used for the search and the date range for the search were as follows: (1) Jeffrey Epstein, 76318-054, MCC, New York, meetings, suicide watch, suicide, AUSA, USAO and (2) 7/6/2019 (Date Epstein went into custody at MCC) through 1/9/2020 (the date of Complainant's last FOIA Request). 46. The email search produced 1911 records, which totaled 18,062 pages. After review of the records, it was determined that 3176 pages of these records were responsive and non-duplicative. III. APPLICATION OF EXEMPTIONS Segregability 47. I and other FOIA staff reviewed and continue to review the records located in response to Plaintiff's FOIA requests to determine whether or not there is any non-exempt information in the records that could be reasonably segregated and released. We have already determind that 584 pages contain such information, and those pages were released, with appropriate redactions, to Plaintiff on June 22, July 7, and July 10. Other than these 584 pages 20 EFTA00015380 Case 1:20-cv-00833-PAE Document 24 Filed 08/05/20 Page 21 of 34 and the records listed as withheld in full on the attached index, I and other FOIA staff continue to review the remaining records because we currently believe that they contain segregable information, such that the additional records could be released in part. Each of the records withheld in full includes exempt information that is inextricably intertwined with any non- exempt information in the document, such that segregating any non-exempt information would be of little to no informational value. 48. All of the responsive records withheld in full by BOP are withheld under FOIA Exemption 7(A), except for the 2 pages of draft letters at Entry 11 of the attached index and the 57 pages of email records at Entry 54 of the attached index, withheld under Exemption 5 and discussed below. The basis for withholdings under Exemption 7(A) is explained in the accompanying declaration of Counsel to the Acting United States Attorney Russell Capone. In addition to the withholdings in full under Exemptions 7(A) and 5, BOP has also withheld certain records or portions of records under Exemptions 5, 6, 7(A), 7(C), 7(E), and 7(F). A. Withholdings under Exemption 5 49. Title 5 U.S.C. § 552(b)(5) ("Exemption 5") excludes from disclosure "inter- agency or intra-agency memorandums or letters which would not be available by law to a party . .. in litigation with the agency." 5 U.S.C. § 552(b)(5). Exemption 5 incorporates all the normal civil discovery privileges, including the deliberative process privilege andand the attorney-client privilege. BOP has withheld records in full and in part under the deliberative process privilege. As noted in the attached index, BOP has withheld in full under the deliberative process privilege the incident report for Epstein's July 23, 2019 apparent suicide attempt, the psychological 21 EFTA00015381 Case 1:20-cv-00833-PAE Document 24 Filed 08/05/20 Page 22 of 34 reconstruction of Epstein's suicide and responses thereto, and draft letters to Epstein's brother and Chief Judge McMahon and Judge Berman. a. The incident report for Epstein's July 23, 2019, apparent suicide attempt is predecisional because it preceded the decisions to remove Epstein from suicide watch and to house him in a particular cell in the SHU with a cellmate. Decisions concerning cell designation for inmates and whether to cell an inmate with another inmate or with a particular inmate are policy decisions involving open and frank conversations by senior BOP staff to include security staff, medical staff, unit staff, and executive staff. These discussions are particularly amplified when dealing with high profile inmates and for which the inmate's incarceration with the BOP is the subject of great media and public attention. Thus, the incident report was prepared to assist BOP in making those decisions because it documents details of Epstein's apparent suicide attempt that were relevant to the determination of whether he would be removed from suicide watch and how and where he would be housed thereafter. It was deliberative because it bears on the exercise of a policy- oriented judgment by assisting in the application of GOP's policies of releasing certin inmates from suicide watch and housing them in specific circumstances based on details of their psychological profile and any suicide attempt. Release of the incident report would hamper BOP employees' abilities to frankly discuss the circumstances of suicide attempts and assess GOP's suicide prevention policies. b. The psychological reconstruction of Epstein's suicide and responses thereto are predecisional because they preceded GOP's decisions regarding how to respond to Epstein's suicide and was prepared to assist in deciding which actions to take. Specifically, the psychological reconstruction report was part of a review by BOP following Epstein's suicide of MCC's suicide prevention policies, including a determination of whether MCC's suicide prevention policies needed to be changed. It was also part of a review to determine whether or not wider changes, such as changes in personnel or leadership at MCC, were necessary. Further, the purpose of the report is to provide Senior BOP staff information for which to consider future policy considerations throughout the BOP concerning the care and custody of inmates. Thus, these reports are ultimately recommendations in that they not only point out factual information, but with this factual information Senior BOP staff are able to consider strategic initiatives. The report is deliberative because it contains multiple recommendations —and responses to certain recommendations -for how MCC should change its suicide preventation policies and measures, including, for example, recommendations about double-ceiling and direct observation of inmates, duration of suicide watches, how to structure such 22 EFTA00015382 Case 1:20-cv-00833-PAE Document 24 Filed 08/05/20 Page 23 of 34 watches. These recommendations are used by Senior BOP officials in terms of policy considerations that impact BOP operations across facilities. Further, any such recommendations are discussed by Senior BOP officials and as such requires the frank and open assessment by these officials in reaching a decision to adopt a policy recommendation. Release of the report would hamper frank and open discussions and assessments by these officials in reaching policy decisions. c. The draft letters are predecisional because they were prepared in advance of final letters sent to individuals and to assist in determining the content of the final letters, Agency formal letters are purposed as final Agency policy directives and members of the public and press view Agency letters no differently than officially adopted policy statements. As such, draft letters are not the Agency's final response and like other policy related documents, Agency letters are not an official statement of the Agency until a final letter is prepared and dispatched They are deliberative because they bear on the exercise of a policy-oriented judgment in that they are part of BOP's determination of how best to inform family members and other relevant parties of the death of an inmate. Their release would harm BOP's ability to determine how best to inform family members and other relevant parties of the death of an inmate. Certain email records have also been withheld in part under the deliberative process privilege. d. One category of emails pertains to Epstein's July 23, 2019, apparent suicide attempt and incarceration. These emails are predecisional because they were prepared to assist BOP in making decisions about Epstien's incarceration, including whether he would remain -on suicide watch and whether he would be housed with a cellmate. They are deliberative because they bear on the exercise of a policy-oriented judgment, namely the application of BOP's policies of releasing certin inmates from suicide watch and housing them under particularized housing measures, including based on details of their psychological profile and any suicide attempt. The decision to place an inmate on suicide watch or to remove an inmate from suicide watch involves involves policy deliberations from several BOP senior level stakteholders from medical staff, psychology staff, Correctional Program Division Staff, security staff, and executive staff. Release of the information in these emails would hamper BOP's employees' ability to frankly discuss decisions regarding placing inmates on and removing inmates from suicide watch and to discuss suicide prevention policies. 23 EFTA00015383 Case 1:20-cv-00833-PAE Document 24 Filed 08/05/20 Page 24 of 34 e. One category of emails pertains to press inquiries concerning Epstein and his death and how BOP will respond to them. They are predecisional because they were prepared in advance of GOP's decisions regarding whether and how to change policies at MCC, including suicide prevent policies, following Epstein's death and in advance of GOP's decisions regarding whether and how to respond to press inquiries about Epstein. They were prepared to assist in how deciding how BOP would respond to inquiries because they are communications, including deliberations, between BOP employees about how to respond. They are deliberative because they consist of GOP's considerations of how to respond and include drafts of responses to press inquiries and discusions of what responses should be provided. They are also deliberative because they bear on GOP's decisions regarding whether and how polcies at MCC, including suicide prevention policies, should change, in that they include details of Epstein's death, the response or reaction of BOP employees to details of Epstein's death, and discussion of steps taken at MCC following Epstein's death, including responding to press inquiries. Release of the information in these emails would hamper GOP's decisionmaking processes in determining how to communicate with the press and its assessment of policies at facilities where suicides occur. f. One category of emails pertains to Epstein's suicide and GOP's response to Epstein's suicide. They are predecisional because they preceded GOP's decisions regarding how to respond to Epstein's suicide and were prepared to assist in deciding -areas of policy consideration for the GOP's suicide preventation strategies. Specifically, they relate to deliberations within BOP and MCC following Epstein's suicide about MCC's policies, including its suicide prevention policies. They are deliberative because they include communications that were part of a review to determine whether or not policy changes, such as changes in suicide perevention policies, personnel or leadership at MCC, were necessary. Release of the emails would hamper BOP employees' frank discussion of suicide prevention policies (and leadership and personnel decisions) at its facilities and whether it is necessary to change these policies (or leadership or personnel). 50. As indicated at Entry 54 in the attached index, one 56-page set of emails was withheld in full under the attorney-client privilege. This group of withheld emails consists of communications between BOP employees and GOP's attorneys, Assistant United States Attorneys in the Civil Division of the USAO-SDNY, concerning requests for documents related 24 EFTA00015384 Case 1:20-cv-00833-PAE Document 24 Filed 08/05/20 Page 25 of 34 to Epstein, preservation of documents related to Epstein, and how to respond to requests pursuant to Department of Justice regulations (known as Touhy regulations). As communications between attorneys and a client, these emails were properly withheld under Exemption 5. Release of these emails would negatively affect BOP's ability to seek out and receive frank legal counsel. Threshold Justification For Application of Exemption 7 51. As a threshold to applying Exemption 7, an agency has to demonstrate that the "records or information [were] compiled for law enforcement purposes." 5 U.S.C. §552(b)(7). 52. The BOP is a law enforcement agency. The term "law enforcement officer" is defined as "an employee of the Bureau of Prisons or Federal Prison Industries, Inc." See, e.g, 5 U.S.C. § 8401(17)(D)(i). Furthermore, BOP employees perform law enforcement functions. They possess the authority to make arrests, 18 U.S.C. § 3050; seize evidence, 18 U.S.C. § 4012; and execute searches on inmates and visitors to the institution, 28 C.F.R. §§ 511.10-511.12, 552.10- 552.14. Additionally, the BOP is tasked with the law enforcement mission of protecting inmates, staff, and the community. See 18 U.S.C. § 4042(a)(1)-(3) ("The Bureau of Prisons, under the direction of the Attorney General, shall (1) have charge of the management and regulation of all Federal penal and correctional institutions; (2) provide suitable quarters and provide for the safekeeping, care, and subsistence of all persons charged with or convicted of offenses against the United States, or held as witnesses or otherwise; (3) provide for the protection, instruction, and discipline of all persons charged with or convicted of offenses against the United States . . .."). 53. All of the records withheld in full or in part were compiled for law en