CREW: Department of Education: Defendant's Motion For Summary Judgment - Attachment 2: 06/02/11

Case 1:10-cv-01712-RMC Document 17-2 Filed 06/01/11 Page 1 of 52
Exhibit
A
Castee l, J asmine (Contractor)
From: Anne Weismann [aweismann@citizensforethics.org]

Se nt: Friday, July 23. 20 10 8:42 AM
To: ED FOrA Manager
SUbject: Freedom of Information Act Request
Attachments: FOIA 7-23-10.pdf
FOIA Public liaison: Enclosed pleasefind a Freedom of Information Act Requestfrom Citizens for Responsibility and
Ethics in Wash ington (CREW) . Please contact Anne Weismann at 202·408-5565 w ith any questions. Anne Weismann
oc,o, GUS, oLeAl ciS

\cp- ep \ t44 - F
RECEIVED JUL 232010
1
CREW I citizens for responsibility

and ethics in washington
July 23, 2010
By Email: EDFOIAManager@ed.goY and First-Class Mail
U.s. Department of Education

Office of Management
Regulatory Information Management Services
400 Maryland Aven ue, S.W., LBJ 2W220
Washington, D.C. 20202-4536
Attn: FOIA Public Liaison
Re: Freedom of Information Act Request
Dear FOIA Public Liaison:
Cit izens for Respo nsib ility and Ethics in Washington (CREW) makes thi s reque st for
records, regardless of format, medium, or physical characteristic s. and including electronic
records and informa tion, pursuant to the Freedom of Information Act, (FOrA), 5 U.S.c. § 552,
and U.S. Department cfEd ucation (Ed ucati on) FOlA Regulations, 34 C.F.R. §§ 5.1, et seq.
Specifically, CREW seeks any and all records of or reflecting communications from April
20.2009, to the present to, from, and/or between offici als at Education regarding [or-profit
education and any and all of the following:
(1) Mr. Steven Eisman;

(2) Any or all individuals identified as offic ers, directors, or employees of
FrontPoint Partners, LLC ;
(3) Any or all individuals identified as officers, directors. or employees of Morgan
Stanley Investment Management. Inc.;
(4) Deputy Undersecretary of Educ ation Robert Shi reman;
(5) Ms. Pauline Abernathy;
(6) Any or all individuals identified as officers. directors. or employees of the
Institute for College Access and Success;
(7) Mr. Bannak Nassirian;
(8) Any or all indivi duals identified as officers, directors. or employee s of the
American Associat ion of Collegiate Registrars and Admission s Officers;
(9) Mr. Manuel P. Asenio;
( 10) Any or all individuals iden tifie d as officers. directors. or employees of The
Alliance for Economic Stability;
(11) Ms. Johnette McConnell Early.
1400Eye Street, N.W., Suite 450,Washington , D.C. 20005 I 202.408.5565 phone I 202.588.5020 fax I
._.
www.citizensforelt1k:s.org
FOIA Public Liaison

Ju ly 23, 2010
Page Two
Please search for rec ords regardless of fonnat, medium, or physical characteristics. We
seek records of any kind. including electronic records. audiotapes, videotapes. photographs, and
back -up tape s. Our request includes any telephone messages. voice mail messages, daily agenda
and calendars. information about scheduled mee tings andlor discussions. whe ther in-person or
over the telephone. agendas for those me etings andlor discussio ns, participants included in those
meetings and/or discussions. minutes of any such meetings andlor discussion s. e-mai l or
facsimiles sent as a result of those meetings and/or discussions, and transcripts and notes of any
such meeti ngs and /or discussions to the ext ent they relate to the aforementioned requested
information.
Ifit is you position that any portion of the requested records is exempt from disclosure.
CRE W requests that you provide an index of those documents as required by Vaughn v. Rosen,
484 F.2d 820 (D.C. Cir. 1973), cert. denied, 4 15 U.S. 977 ( 1972). As you are aware, a Vaughn
index must describe each document claimed as exempt with sufficient specificity " to permit a
reasoned j udgm ent as to whether the material is actually exempt und er FOIA." Founding
Church of Scientology v. Bell. 603 F.2d 945. 959 (D.C. Cir. 1979). More over. the Vaughn index
must "describe each docwnent or portion thereof withheld. and for each withhold ing it must
discuss the consequences of supplying the sought-after-information." King v U s. Dep 't of
Justice, 830 F.2d 2 10, 223-24 (D.C. Cir. 1987) (emphasis added). Further, "the withholding
agency must supply 'a relatively detailed justification. specifically identifying the reaso ns why a
particular exemption is re levant and correlatin g those claim s with the particular part of a
withheld document to wh ich the y apply.?" Jd at 224 , citing Mead Data Central v. US Dept of
the Air Force, 566 F.2d. 242, 25 1 (D.C. Cir. 1977 ).
In the event some port ions of the requested records are properly exempt from disclosure,
please disclose any reasonably segregable non-exempt portions in accordance with 5 U.S.c. §
552(b). Ifit is your pos ition that a document conta ins non-exempt segm ents that are so dispersed
throughout the document as to make segregation impossible, please state what portion of the
document is non -exempt and how the ma terial is dispersed throughout the doc uments. Mead
Data Central. 566 F.2d at 26 1. Claims ofnon -segregabil ity must be made w ith the same degre e
of detail as required for claim s of exemption in a Vaughn index . If a request is denied in who le,
please state specifically tha t it is not reasonable to segregate portions of the record for release.
Pu b lic Interest Fee Waiver Request
In acc ordance with 5 U.S.c. § 552(a)(4)(A )(iii) and 34 C. F.R. § 5.64, CREW req uests a
wai ver of fees associated with processing this request for records. The subject of th is request
concerns the operations of the federal government and the disclosures likely will co ntribute to a
bette r understanding of relevant government procedures by CREW and the general public in a
significant way. Moreover. the request is primarily and fundamentally for non-commercial
purpo ses. 5 U.S.C . § 552(a)(4)(A)(iii). See, e.g., McClellan Ecologi cal v. Carlucci, 835 F.2d
Exhibit
B
Fripp, Nia
From: Anne Weismann [aweismann@citizensforethics.org]
Sent: Monday, October 25, 2010 5:28 PM
To: Wehausen, Robert
Subject: RE: FOIA Case No. 10-01704-F
This accurately represents my conversation and clarification. Thank you. Anne Weismann

From: Wehausen, Robert [mailto:Robert.Wehausen@ed.gov]
Sent: Monday, October 25, 2010 3:54 PM
To: Anne Weismann
Subject: FOIA Case No. 10-01704-F

Good afternoon Ms. Weismann‐

I’m a FOIA Public Liaison with the Department of Education and I’m assisting Mrs. Bennie Jessup with processing your
request. Mrs. Jessup has filled me in with the history of your request and provided me the information regarding the
telephone conversation the two of you had discussing the scope of your request. This email is to memorialize the
conversation to ensure the case is being processed correctly.

This is pursuant to your conversation on October 21, 2010 with the Department regarding narrowing the scope of FOIA
Case No. 10‐01704‐F. You clarified that, to the extent that your request seeks internal Departmental communications
regarding for‐profit education, you are seeking only internal communications regarding any Departmental
communications with the outside entities listed in your FOIA request. You also continue to seek records reflecting
external communications as described in your request.

Please confirm whether this accurately represents the conversation at your earliest convenience.

Thank you‐
Robert Wehausen
Program Analyst, FOIA Service Center
U.S. Dept. of Education
202.205.0733

1
Exhibit
C
Exhibit
D
UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF MANAGEMENT
December 3, 2010
Ms. Anne L. Weismann
CREW
1400 Eye St., N.W.
Suite 450
Washington DC 20005
RE: FOIA Request No. 10-01704-F
Dear Ms. Weismann,
This is the final response to your letter dated July 23, 2010 requesting information pursuant to
the Freedom of Information Act (FOIA), 5 U.S.C. § 552. Your request was forwarded to the
appropriate offices within the Department of Education (the Department) for any responsive
documents they may have.
You requested that a copy of the following documents or documents containing the following
information be provided to you:
The Citizens for Responsibility and Ethics in Washington (CREW) makes this request for
records, regardless of format, medium, or physical characteristics, and including electronic
records and information, pursuant to the Freedom of Information Act, (ForA), 5 U.S.C. § 552,
and U.S. Department of Education (Education) FOIA Regulations, 34 C.F.R. § § 5.1, et seq.
Specifically, CREW seeks any and all records of or reflecting communications from April 20,
2009, to the present to, from, and/or between officials at Education regarding for-profit education
and any and all of the following:
1. Mr. Steven Eisman;

2. Any or all individuals identified as officers, directors, or employees of FrontPoint
Partners, LLC;
3. Any or all individuals identified as officers, directors, or employees of Morgan Stanley
Investment Management, Inc.
4. Deputy Undersecretary of Education Robert Shireman;
5. Ms. Pauline Abernathy;
6. Any or all individuals identified as officers, directors, or employees of the Institute for
College Access and Success;
7. Mr. Barmak Nassirian;
8. Any or all individuals identified as officers, directors, or employees of the American
Association of Collegiate Registrars and Adimssions Officers;
9. Mr. Manuel P. Asensio;
10. Any or all individuals identified as officers, directors, or employees of The Alliance
for Economic Stability;
400 MARYLAND AVE., S.W., WASHINGTON, DC 20202-4500

www.ed.gov
Our mission is to ensure equal access to education and to promote educational excellence throughout the Nation.
Page 2 – Anne Weisman
FOIA No. 10-01704-F
11. Ms. Johnette McConnell Early.
On October 21, 2010 in a conversation with the Department, you agreed to narrow the scope of
FOIA Case No. 10-01704-F as follows:
You clarified that, to the extent that your request seeks internal Departmental communications
regarding for-profit education, you are seeking only internal communications regarding any
Departmental communications with the outside entities listed in your FOIA request. You also
continue to seek records reflecting external communications as described in your request.
Your clarified request was forwarded to the appropriate office(s) within the Department to search
for documents that may be responsive to your request.
Enclosed in the Department’s November 23, 2010 interim letter, you received the following:
The staff in the Office of Legislation & Congressional Affairs (OLCA) notified the FOIA
Service Center that they do not have any documents that are responsive to your request.
The staff in the Office of Planning, Evaluation and Policy Development (OPEPD) provided the
FOIA Service Center the following responsive documents to your request:
• OPEPD responsive docs - 42 pages
The staff in the Office of Communication and Outreach (OCO) has provided the FOIA Service
Center the following responsive documents to your request:
• OCO emails - 8 pages
Enclosed in this final response is a CD containing 1,174 pages of documents responsive to your
request.
The staff in the Office of Postsecondary Education (OPE) provided the FOIA Service Center the
following responsive documents to your request:
• OPE responsive docs – 1, 354 pages
The staff in the Office of the Undersecretary (OUS) has provided the FOIA Service
Center the following responsive documents to your request:
• OUS emails - 506 pages

www.ed.gov
Page 3 – Anne Weisman
FOIA No. 10-01704-F
However, certain information has been withheld according to the FOIA exemptions specified
below:
Records or portions of records relating to pre-decisional internal communications have been

withheld pursuant to 5 U.S.C. § 552 (b)(5) of the FOIA and Departmental regulation 34 CFR
§5.73(a). These provisions require us to withhold the government’s deliberative process
privilege, inter alia, protecting records of pre-decisional internal communications reflecting the
views or recommendations of agency employees in connection with the government policy or
legal matters that are both pre-decisional and deliberative in nature.
Records or portions of records relating to personal information is exempt pursuant to 5

U.S.C. §552 (b)(6) of the FOIA and Departmental regulation 34 CFR § 5.71(a). Disclosure of
this information would constitute a clearly unwarranted invasion of personal privacy.
Provisions of the FOIA allow us to recover the costs pertaining to your request. However, the
Department has provided you with this information at no charge. The Department's release of
this information at no cost does not constitute the grant of a fee waiver, and does not infer or
imply that you will be granted a fee waiver for future requests made under FOIA to the
Department. Because we were able to locate and process these documents at minimal costs, they
are provided to you at no cost.
You have the right to appeal the FOIA exemption decision by writing to the address below, 30
days from the date of this letter. Your appeal should be accompanied by a copy of your initial
letter of request and this denial letter, and should contain any evidence or argument you wish the
Department to consider in making an administrative determination on your appeal.
Appeal Address:
U.S. Department of Education
400 Maryland Avenue, SW, LBJ 2W311
ATTN: Appeals Office
Washington, DC 20202-4500
Or, you may complete the online FOIA appeal form, located at:
http://www.ed.gov/policy/gen/leg/foia/foia_appeal_form_1.html.
If you have any questions, please contact the FSC at (202) 401-8365 or
EDFOIAMANAGER@ed.gov.
Sincerely,
Elise Cook
FOIA Public Liaison
FOIA Service Center
Enclosures: CD/Letter
www.ed.gov
Exhibit
E
Exhibit
F
April 15, 2011

Anne L. Weismann
CREW
1400 Eye St., N.W.
Suite 450
Washington DC 20005
Dear Ms. Weismann:
The Department of Education has located additional records we believe may be responsive to the
above-referenced FOIA request. Accordingly, please find enclosed a CD containing 80 pages of
additional documents not previously produced.
However, certain information has been withheld according to the FOIA exemptions specified
below:
• Records or portions of records relating to pre-decisional internal communications have

been withheld pursuant to 5 U.S.C. § 552 (b)(5) of the FOIA and Departmental regulation
34 CFR §5.73(a). These provisions require us to withhold the government’s deliberative
process privilege, inter alia, protecting records of pre-decisional internal communications
reflecting the views or recommendations of agency employees in connection with the
government policy or legal matters that are both pre-decisional and deliberative in nature.
At this time, the Department is continuing to process your request and your FOIA request case file
remains open. It will not close until the Department provides you with a response regarding outstanding
responsive documents. Our final release letter will contain information related to your appeal rights of
agency decisions and any charges that may apply.
If you have any questions, please contact the FOIA office at (202) 401-8365 or visit us at
www.ED.gov.
Sincerely,
FOIA Public Liaison

FOIA Service Center
Enclosure: CD/Letter

www.ed.gov
Exhibit
G
April 22, 2011

Anne L. Weismann
CREW
1400 Eye St., N.W.
Suite 450
Washington DC 20005
Dear Ms. Weismann:
The Department of Education has located additional records we believe may be responsive to the above-
referenced FOIA request. Accordingly, please find enclosed a CD containing 252 pages of additional
documents not previously produced.
However, certain information has been withheld according to the FOIA exemptions specified below:
• Records or portions of records relating to pre-decisional internal communications have been

withheld pursuant to 5 U.S.C. § 552 (b)(5) of the FOIA and Departmental regulation 34 CFR
§5.73(a). These provisions require us to withhold the government’s deliberative process
privilege, inter alia, protecting records of pre-decisional internal communications reflecting the
views or recommendations of agency employees in connection with the government policy or
legal matters that are both pre-decisional and deliberative in nature.
• Records or portions of records relating to personal information is exempt pursuant to 5

U.S.C. §552 (b)(6) of the FOIA and Departmental regulation 34 CFR § 5.71(a). Disclosure of
this information would constitute a clearly unwarranted invasion of personal privacy.
At this time, the Department is continuing to process your request and your FOIA request case file remains open.
It will not close until the Department provides you with a response regarding outstanding responsive documents.
Our final release letter will contain information related to your appeal rights of agency decisions and any charges
that may apply.
If you have any questions, please contact the FOIA office at (202) 401-8365 or visit us at www.ED.gov.
Sincerely,
FOIA Public Liaison

FOIA Service Center
Enclosure: CD/Letter

www.ed.gov
Exhibit
H
April 28, 2011
Via Electronic Mail
Ms. Anne Weismann

Citizens for Responsive Ethics in Washington
1400 Eye St., N.W.
Suite 450
Washington DC 20005
Dear Ms. Weismann:
This letter is the Department’s final response to your letter dated July 23, 2010, requesting access to
Department records pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552 on behalf of
Citizens for Responsibility and Ethics in Washington (CREW). Your request was forwarded to the
following offices to search for documents that may be responsive to your request: Office of the
Secretary (OS), Federal Student Aid (FSA), Office of Legislative and Congressional Affairs (OLCA),
Office of Postsecondary Education (OPE), Office of the General Counsel (OGC), Office of
Communications and Outreach (OCO), Office of the Undersecretary (OUS), Office of the Deputy
Secretary (ODS), and Office of Planning, Evaluation and Policy (OPEPD).
You asked for: any and all records of or reflecting communications from April 20, 2009, to the
present to, from, and/or between officials at Education regarding for-profit education and any
and all of the following:

2. Any or all individuals identified as officers, directors, or employees of
FrontPoint Partners, LLC;
Morgan Stanley Investment Management, Inc.
6. Any or all individuals identified as officers, directors, or employees of the
American Association of Collegiate Registrars and Admissions Officers;
10. Any or all individuals identified as officers, directors, or employees of The
FOIA Request No. 10-01704
Page 2
By letter dated November 23, 2010, you were sent a CD containing 50 pages of documents
responsive to your request. These documents were provided in their entirety.
By letter dated December 3, 2010, you were sent a CD containing 1,174 pages of documents
responsive to your request.
By letter dated December 22, 2010, you were sent one record (four pages) that was located and
may have been responsive to your request.
By letter dated April 15, 2011, you received 80 pages of additional documents responsive to this
request.
By letter dated April 22, 1011, you received 252 pages of additional documents responsive to
this request.
With this letter, you receive 18 pages of documents responsive to this request. In total, you have
received 1508 pages of documents responsive to this request. However, certain information has
been withheld in 154 of these pages according to the FOIA exemptions specified below:
 Records or portions of records relating to pre-decisional internal communications have

been withheld pursuant to 5 U.S.C. § 552(b)(5) of the FOIA and Departmental regulation
 Records or portions of records relating to personal information is exempt pursuant to 5

U.S.C. §552(b)(6) of the FOIA and Departmental regulation 34 CFR § 5.71(a).
Disclosure of this information would constitute a clearly unwarranted invasion of
personal privacy.
Provisions of the FOIA allow us to recover the costs pertaining to your request. The Department has
concluded that you fall within the category of “commercial use requester”. However, the Department
has provided you with this information at no charge. The Department's release of this information at no
cost does not constitute the grant of a fee waiver, and does not infer or imply that you will be granted a
fee waiver for future requests made under FOIA to the Department. Because we were able to locate and
process these documents at minimal costs, they are provided to you at no cost.
Appeal Address:
www.ed.gov
Page 3

Sincerely,
Elise Cook
FOIA Public Liaison
FOIA Service Center
Enclosures

www.ed.gov
Exhibit
I
May 10, 2011
Via Overnight Mail
Ms. Anne Weismann

Citizens for Responsive Ethics in Washington
1400 Eye St., N.W.
Suite 450
Washington DC 20005
Dear Ms. Weismann:
This letter supplements the Department’s final response to your letter dated July 23, 2010, requesting
access to Department records pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552 on
behalf of Citizens for Responsibility and Ethics in Washington (CREW). Your request was forwarded
to the following offices to search for documents that may be responsive to your request: Office of the
Secretary (OS), Federal Student Aid (FSA), Office of Legislative and Congressional Affairs (OLCA),
Office of Postsecondary Education (OPE), Office of the General Counsel (OGC), Office of
Communications and Outreach (OCO), Office of the Undersecretary (OUS), Office of the Deputy
Secretary (ODS), and Office of Planning, Evaluation and Policy (OPEPD).
You asked for: any and all records of or reflecting communications from April 20, 2009, to the
present to, from, and/or between officials at Education regarding for-profit education and any
and all of the following:

FrontPoint Partners, LLC;
Morgan Stanley Investment Management, Inc.
American Association of Collegiate Registrars and Admissions Officers;
10. Any or all individuals identified as officers, directors, or employees of The
Page 2
By letters dated November 23, 2010, December 3, 2010, December 22, 2010, April 15, 2011,
April 22, 1011, and April 28, 2011, you received 2,264 pages of documents responsive to this
request. With this letter, you receive 97 pages of documents responsive to this request, all of
which may have been provided previously. Eleven of these 97 pages were previously released
with redactions that have now been removed. These 97 pages include 56 redacted pages. Fifty-
five of these redacted pages were previously released with different redactions. These redactions
were made according to the FOIA exemptions specified below:
• Records or portions of records relating to pre-decisional internal communications have

been withheld pursuant to 5 U.S.C. § 552(b)(5) of the FOIA and Departmental regulation
• Records or portions of records relating to personal information is exempt pursuant to 5

U.S.C. §552(b)(6) of the FOIA and Departmental regulation 34 CFR § 5.71(a).
Disclosure of this information would constitute a clearly unwarranted invasion of
personal privacy.
The Department has also redacted information contained on some of the pages released here that is not
responsive to your request (e.g., internal communications that are unrelated to communications with
external entities).
Provisions of the FOIA allow us to recover the costs pertaining to your request. The Department has
concluded that you fall within the category of “commercial use requester”. However, the Department
has provided you with this information at no charge. The Department's release of this information at no
cost does not constitute the grant of a fee waiver, and does not infer or imply that you will be granted a
fee waiver for future requests made under FOIA to the Department. Because we were able to locate and
process these documents at minimal costs, they are provided to you at no cost.
Appeal Address:

www.ed.gov
Page 3
Sincerely,
Elise Cook
FOIA Public Liaison
FOIA Service Center
Enclosures

www.ed.gov

CREW: Department of Education: Defendant's Motion For Summary Judgment - Attachment 2: 06/02/11

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Case 1:10-cv-01712-RMC Document 17-2 Filed 06/01/11 Page 1 of 52

Castee l, J asmine (Contractor)

From: Anne Weismann [aweismann@citizensforethics.org]

oc,o, GUS, oLeAl ciS

CREW I citizens for responsibility

July 23, 2010

By Email: EDFOIAManager@ed.goY and First-Class Mail

U.s. Department of Education

Re: Freedom of Information Act Request

Dear FOIA Public Liaison:

(1) Mr. Steven Eisman;

FOIA Public Liaison

Pu b lic Interest Fee Waiver Request

Regulatory Information Management Services

RE: FOIA Request No. 10-01704-F

Dear Ms. Weismann,

1. Mr. Steven Eisman;

400 MARYLAND AVE., S.W., WASHINGTON, DC 20202-4500

11. Ms. Johnette McConnell Early.

• OPEPD responsive docs - 42 pages

• OCO emails - 8 pages

• OPE responsive docs – 1, 354 pages

• OUS emails - 506 pages

400 MARYLAND AVE., S.W., WASHINGTON, DC 20202-4500

Records or portions of records relating to pre-decisional internal communications have been

Records or portions of records relating to personal information is exempt pursuant to 5

Regulatory Information Management Services

April 15, 2011

RE: FOIA Request No. 10-01704-F

Dear Ms. Weismann:

• Records or portions of records relating to pre-decisional internal communications have

FOIA Public Liaison

400 MARYLAND AVE., S.W., WASHINGTON, DC 20202-4500

Regulatory Information Management Services

April 22, 2011

RE: FOIA Request No. 10-01704-F

Dear Ms. Weismann:

• Records or portions of records relating to pre-decisional internal communications have been

• Records or portions of records relating to personal information is exempt pursuant to 5

FOIA Public Liaison

400 MARYLAND AVE., S.W., WASHINGTON, DC 20202-4500

Regulatory Information Management Services

April 28, 2011

Via Electronic Mail

Ms. Anne Weismann

RE: FOIA Request No. 10-01704-F

Dear Ms. Weismann:

1. Mr. Steven Eisman;

 Records or portions of records relating to pre-decisional internal communications have

 Records or portions of records relating to personal information is exempt pursuant to 5

400 Maryland Avenue, SW, LBJ 2W311

400 MARYLAND AVE., S.W., WASHINGTON, DC 20202-4500

Regulatory Information Management Services

May 10, 2011

Via Overnight Mail

Ms. Anne Weismann

RE: FOIA Request No. 10-01704-F

Dear Ms. Weismann:

1. Mr. Steven Eisman;

• Records or portions of records relating to pre-decisional internal communications have

• Records or portions of records relating to personal information is exempt pursuant to 5

400 MARYLAND AVE., S.W., WASHINGTON, DC 20202-4500