In Re Janet G. Mullins (Mullins Fee Application)

84 F.3d 459, 318 U.S. App. D.C. 19, 1996 WL 284784
CourtCourt of Appeals for the D.C. Circuit
DecidedMay 31, 1996
DocketDivision 92-9
StatusPublished
Cited by28 cases

This text of 84 F.3d 459 (In Re Janet G. Mullins (Mullins Fee Application)) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Janet G. Mullins (Mullins Fee Application), 84 F.3d 459, 318 U.S. App. D.C. 19, 1996 WL 284784 (D.C. Cir. 1996).

Opinion

ORDER

PER CURIAM:

This matter coming to be heard and being heard before the Special Division of the Court, upon the application of Janet G. Mullins for reimbursement of attorneys’ fees pursuant to section 593(f) of the Ethics in Government Act of 1978, as amended, 28 U.S.C. §§ 591-599 (1994), and it appearing to the Court for the reasons set forth more fully in the opinion filed contemporaneously herewith, that the motion is well taken, it is hereby

ORDERED, ADJUDGED, AND DECREED that the United States reimburse Janet G. Mullins for attorneys’ fees and expenses she incurred during the investigation by Independent Counsel Joseph E. diGenova in the amount of $223,186.66, this 31st day of May, 1996.

Janet G. Mullins petitions this court under section 593(f) of the Ethics in Government Act of 1978, as amended, 28 U.S.C. §§ 591-599 (1994) (“the Act”), for reimbursement of attorneys’ fees and expenses that she incurred during and as a result of the investigation conducted by Independent Counsel (“IC”) Joseph E. diGenova. Mullins seeks reimbursement in the amount of $348,149.69 for representation from December 1992 through June 1995. After considering Mullins’ petition, we find that her request is for the most part reasonable and that she is entitled to attorneys’ fees and expenses totaling $223,186.66.

BACKGROUND

In the fall of 1992, during the presidential campaigns of then-Governor William J. Clinton and then-President George H.W. Bush, a rumor circulated that Clinton, while studying in England during the Vietnam War, had written a letter renouncing his United States citizenship or seeking dual citizenship for the purpose of evading the military draft. See Final Report of the Independent Counsel in Re: Janet G. Mullins, Nov. 30,1995, at 1. In response to the rumor, several news organizations filed requests with the Department of State (“State”) and the Department of Justice (“DOJ”) under the Freedom of Information Act, 5 U.S'.C: § 552 (“FOIA”), seeking information about Clinton’s citizenship and military draft status during the late 1960’s and early 1970’s or, more specifically, the alleged renunciation letter. Also, Congressman Gerald Solomon filed a request with State’s Legislative Affairs Office seeking information on requests for dual citizenship. Id. Around the same time, the existence of the FOIA requests came to the attention of the Bush White House staff, including Janet G. Mullins, who served as Assistant for Political Affairs to Bush and who had previously worked at State. On September 16, 1992, Bush’s Chief of Staff, James A. Baker, III, discussed the requests and State’s procedure for expediting such requests with Mullins and Margaret Tutwiler, Assistant to the President for Communications. Mullins sub *462 sequently told Baker that she would find out what she could about the requests. Id, at 2.

In response to the FOIA requests, on September 80, 1992, Elizabeth M. Tamposi, the Assistant Secretary of State for Consular Affairs, directed that a search be made for passport records pertaining to Clinton. State employees conducting the search first reviewed a computerized index of passport applications and then, at Tamposi’s request, a team of three senior Consular Affairs officials went to the Washington National Records Center to conduct a manual search of passport records. While the search was in progress, Tamposi tried to contact Tutwiler at the White House but was only able to leave a message for Tutwiler, who was meeting with Mullins at the time. Tutwiler did not return Tamposi’s call. Id. Tamposi also called Steven K. Berry, Assistant Secretary of State for Legislative Affairs, to determine what he knew about the FOIA requests, and she informed him that a search was underway. Berry then contacted Mullins at the White House and told her about the search, and she, in turn, told Tutwiler, who urged Mullins to notify Baker. Id. at 2-3.

The searchers located Clinton’s passport file, which was askew in its storage box, but they did not find the rumored renunciation letter. They removed Clinton’s file from the records center and took it to Tamposi at her home that evening. She and the searchers thought that Clinton’s 1976 passport application had a suspicious tear in the upper left corner that suggested a document attached to the application had been removed. Tam-posi contacted Berry that night to tell him that no renunciation letter had been found, and she relayed her suspicions about possible . tampering with the file. Id. at 3.

The next day, the searchers renewed their search at the records center and then returned to State and prepared a memorandum with Tamposi that detailed the search results, including their concerns about possible tampering with the file. That evening, Tam-posi contacted State’s Inspector General Sherman Funk, showed him the 1976 application, and turned the tampering issue over to him. Funk then contacted the Federal Bureau of Investigation (“FBI”) to handle the tampering concerns, due to the FBI’s forensic capabilities. Id. at 3-4.

Baker, aware that the FOIA requests did not meet the requirements for expedited handling and that Clinton’s passport records were protected by the Privacy Act, warned Mullins on October 2 not to have anything to do with the records search at State. Mullins replied that while she had discussed the matter with Berry, neither she nor anyone else at the White House bore any responsibility for the search. Mullins subsequently contacted Berry and conveyed Baker’s comments and also asked Berry to relay a message to Tamposi from Tutwiler to the effect that while Tutwiler did not want to be rude, she would not be returning Tamposi’s call. Berry conveyed the message to Tamposi, but added his own editorial comment that Tutwiler appreciated all Tamposi was doing. Id. at 4-5.

Shortly thereafter, Newsweek magazine published a story about the search of Clinton’s passport files and the possible tampering. When, on October 9, the FBI announced that it found no evidence of tampering, the media then began to focus on why the passport files search had been undertaken in the first place. These inquiries revealed, among other things, that the FOIA requests had been improperly expedited by State, that the search team included political appointees, and that the Operations Center at State had monitored phone calls related to the passport search. Based on these revelations, Funk began an investigation of the passport files search, through which he became aware of the connection between Mullins and Berry. Concerned that the White House may have been involved in the search, Funk directed investigators to interview Mullins, which they did by phone and in person. According to the memorandum of the phone interview prepared by one of the investigators, Mullins stated that her only knowledge about the passport files search was from what she read in the newspapers and that she could not recall whether she told Berry to instruct Tamposi not to call the White House. In the memorandum of the in-person interview with Mul *463

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Cite This Page — Counsel Stack

Bluebook (online)
84 F.3d 459, 318 U.S. App. D.C. 19, 1996 WL 284784, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-janet-g-mullins-mullins-fee-application-cadc-1996.