Free Status Report - District Court of Federal Claims - federal

Case 1:97-cv-00579-MCW

Document 144-2

Filed 09/14/2007

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Attachment A ­ Hoffman Declaration

Case 1:97-cv-00579-MCW

Document 144-2

Filed 09/14/2007

Page 2 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS SGS-92-X003 Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 97-579C (Judge Williams)

DECLARATION OF PATTIE E. HOFFMAN I, Pattie Hoffman, make the following declaration in accordance with 28 U.S.C. § 1746. I am aware that this declaration will be used in the United States Court of Federal Claims, and that this declaration is the legal equivalent to a statement under oath. 1. I am a Staff Specialist/Scheduler within the Office of the Administrator of the Drug Enforcement Administration ("DEA"), United States Department of Justice, and in that capacity I am responsible, in part, for the organization and maintenance of all of the files within the Office of the Administrator. 2. Previously, I held the position of secretary to Mr. Thomas Constantine when he was the Administrator of the DEA. 3. On August 15, 2007, I was sorting through an old classified file drawer trying to weed it out and make room for new files when I discovered several "old" classified files ­ all dating back to the Constantine administration. One of the files that I discovered was titled "Princess Incident, 1995-1996." As soon as I saw the file I immediately remembered the name and realized that it was the same case in which Mr. Constantine had recently testified. Once I realized what I discovered, I telephoned the Deputy Chief Counsel for guidance and he asked me to send the file to his office for his review. 4. When Mr. Constantine left the DEA in 1999, I "archived" all of his unclassified files;1 however, I retained several "classified" folders from Mr. Constantine. The Princess file was one of the classified folders that I kept. I filed the classified files from Mr. Constantine's time at the DEA away in the back of my classified drawer. As time went on and new Administrators came and went, I forgot all about those old classified files because I never had the need to utilize that file drawer. Only when I went to that drawer the week of August 15, 2007, looking for space, did I discover them. At the request of DEA counsel, prior to Mr. Constantine's deposition in this matter, I had searched the unclassified archives for any material related to the Princess. I was not asked to search my classified materials at that time and I did not recall that I possessed any relevant classified materials when I conducted the search.
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Case 1:97-cv-00579-MCW

Document 144-2

Filed 09/14/2007

Page 3 of 3

5. Among the documents in the classified Princess file that I discovered on August 15, 2007 were minutes from Sensitive Activities Review Committee meetings dated August 25, 1994 and March 30, 1995. These documents are not classified, even though they were kept in the classified folder. I have read the foregoing two-page declaration and I certify under penalty of perjury that it is true and correct. Executed on this 13th day of September, 2007.

s/ Pattie E. Hoffman Pattie E. Hoffman Drug Enforcement Administration 700 Army-Navy Drive Arlington, VA 22202