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Re: Terry’s Letter


We’re receiving some vile emails claiming that since McAuliffe is requesting Justice-White House communications, that information would not be covered by the FOIA exemption related to law-enforcement information. Here’s the answer: 1. When information sought under FOIA involves communications with the White House, the White House determines whether the information is to be released. The White House is not covered by FOIA (it is exempt under the statute, which was unsuccessfully challenged many times in federal court during the Clinton administration adn rarely releases such information; 2. The information is exempt from release, meaning even if the White House were to release such documents (if such communications exist), the information would be redacted from any communications released to the public. So, the best McAuliffe could determine, if it got this far (which it wouldn’t) is the fact of the communications, not the content.


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