U.S. ATTORNEY DOCUMENTATION

January 5, 1997

TO:

• Frank J. Costello, Esq. ZUCKERT, SCOUTT & RASENBERGER, L.L.P. 888 17th Street, N.W. Washington, D.C. 20006

Re:

• Fogg Vs Janet Reno (U.S. Department of Justice) CA-94-2214 (TPJ)

FR:

• United States Attorney District of Columbia Judiciary Center 555 Fourth Street, N.W. Washington, D.C. 20001

Dear Frank:

This letter responds to your letter dated December 6, 1996, concerning various matters relating to defendants responses to Plaintiff's First Request for Production of Documents.

• 1.     Concerning the matters raised in paragraph 2 of your letter , as we discussed in our telephone discussion on December 20, 1996, plaintiff will identify any USMS individuals who were in his supervisory chain, and defendant will provide information on any complaints of discrimination against those individuals as identified, subject to the entry of an appropriate protective order in this action. When we receive plaintiff's list, response will be able to let you know how we can we can provide that information.

  2.     Concerning responsive materials that may be subject to a claim of attorney-client privilege, we are providing along with this letter additional responsive documents prepared by or at the direction of USMS attorneys relating to Mr. Fogg's administrative leave and the agency's attempt to negotiate an administrative settlement of Mr. Fogg's claims. These materials respond to plaintiff's request Number

  3.     Concerning plaintiff's request for information on USMS personnel who participated in the "Good Old Boys Roundup" in Tennessee, we continue to object to the relevance of this request to the matters at issue in this action. Not withstanding this objection, the information available to us indicates that four

  • Deputy U.S. Marshals from the Eastern District of Tennessee, one (1) Deputy U.S. Marshal from the Northern District of Mississippi, and one (1) Witness Security inspector currently located in the U.S. Marshal Service Headquarters office attended the "Good old Boys Roundup."

  4.     Though we believe the irrelevance of this information to the claims presented in this case is obvious from the location of these individuals, to the extent that plaintiff seeks to discover the identities of these individuals, such information could be provided under an appropriate protective order which preserves these individuals' privacy interests.

When we met at the deposition of Mr. Fogg on December 17 and 18, 1996, and we provided information that showed how the discovery materials provided correspond to plaintiff's requests. In our telephone conversation on December 20, 1996 you indicated that in some instances there are documents, particularly certain handwritten notes, of unknown authorship. In past instances, the materials provided came from the various administrative files relating to Mr. Fogg's claims with the agency, and of courser go back several years. In some instances, we may not be able to identify definitely the author of a particular document. I suggest that we plan a meeting in which we can review with you the materials about which you have particular questions, and we will provide whatever information is known concerning the source of the document and the identity of the author. Please contact me at your convenience to try to schedule a date and time for a meeting.

Finally, as indicated in our telephone conversation on December 20, 1996, defendant's search for responsive documents included a search of all documents concerning plaintiff known to the agency to exist, including files returned to the U.S. Marshal Service by the Drug Enforcement Administration (DEA) involving Fogg's supervision of the DEA Metropolitan Area Task Force. Therefore, to the best of our knowledge, any DEA files concerning Mr. Fogg have been produced in defendant's response.

I believe this responds to the matters set forth in your December 6, 1996 letter and our conversation of December 20th As always please contact me if you have any further questions concerning these or any other matters relating to this action.

Sincerely,

ERIC HOLDER, JR. United States Attorney, Washington, D.C.

Prepared By: Kimberly N. TARVER Assistant United states Attorney

enclosures: CC: Joe Lazar, ESQ United States Marshal Service