Free Status Report - District Court of Federal Claims - federal

Case 1:97-cv-00579-MCW

Document 141

Filed 07/27/2007

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

No. 97-579C (Judge Williams)

DEFENDANT'S STATUS REPORT REGARDING ADDITIONAL DOCUMENTS In accordance with the Court's orders dated July 2, 2007 and July 9, 2007, we respectfully submit this status report to inform the Court of the results of our efforts to renew the search for the additional documents sought by the Court in this case. The Court first directed us to renew our search for documents related to Special Activities Review Committee ("SARC") meetings regarding the Princess and Attorney General's Exemptions regarding her. As described in Mr. Bielski's declaration (Attachment A to this status report), any documents relating to the SARC and Attorney General's Exemptions would have been maintained by his office in the Drug Enforcement Administration ("DEA"). Mr. Bielski completed an additional search of all relevant files, safes, and file drawers, and found no additional SARC minutes or evidence of a separate Attorney General's Exemption for the Princess. The Court also directed that we search for any evidence of audio tapes made of the Princess ­ in particular, those that related to any promises made to her regarding compensation. Mr. Davenport, whose declaration is included as Attachment B to this status report, conducted this search. As Mr. Davenport explains, any cassette tapes related to the Princess would have been kept at the originating DEA field office, which was Fort Lauderdale, in this case.

Case 1:97-cv-00579-MCW

Document 141

Filed 07/27/2007

Page 2 of 3

Moreover, such tapes would have been documented in forms kept with the case files. Mr. Davenport searched all available files and found neither the tapes nor any documentary evidence that such tapes had ever been created. During trial, the Court also directed that the Government determine whether a DEA Office of Professional Responsibility ("OPR") investigation had ever been conducted regarding the circumstances of the abduction of the Princess. In response to this direction, DEA counsel, Mr. Medema, directed that a broader search of DEA OPR files be conducted. As explained in Mr. Medema's declaration (Attachment C to this filing), there is no evidence that an OPR investigation was conducted upon this matter. Finally, in response to the Court's July 9, 2007 order, we have contacted the Federal Bureau of Investigation ("the FBI") to ascertain whether that agency possesses documents responsive to the Court's order. Although we contacted the FBI almost immediately after receiving the Court's order and the FBI began its search shortly thereafter, we have not yet completed our review. We have been informed that the FBI maintains two files relating to the Princess matter: the first relates to her having been kidnaped prior to her service as a DEA confidential informant (and is, thus, non-responsive); the second file relates to her kidnaping while serving as a confidential informant. The second file, maintained by the FBI Miami field office, had been in storage off-site when we received the Court's order. The FBI sent an expedited request to retrieve that file, and we expect to receive it shortly. The FBI informs us that it anticipates that the file will be classified, for the most part, and that it is not expected to contain documents responsive to the Court's inquiry. Nevertheless, we will inform the Court as

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Case 1:97-cv-00579-MCW

Document 141

Filed 07/27/2007

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soon as we have been able to conduct a review of this file and provide the Court declarations regarding the results of that review. Respectfully submitted, PETER D. KEISLER Assistant Attorney General s/ Jeanne E. Davidson JEANNE E. DAVIDSON Director s/ J. Reid Prouty J. REID PROUTY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20005 Tel (202) 305-7586 Fax (202) 514-7969 Attorneys for Defendant

July 27, 2007 Atchs: A. Declaration of Jeffrey Bielski B. Declaration of Oliver Davenport C. Declaration of Richard Medema

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