U.S. Department of Justice Civil Division ‘Washingion, DG. 20530° Joseph H. Hunt Tel: (202) 514-1259 Director Fax: (202) 616-0222 November 15, 2010 VIA ELECTRONIC MAIL AND FIRST-CLASS U.S. MAIL Mr. David P. Blackwood General Counsel United States Commission On Civil Rights 624 Ninth Street, N.W. Washington, D.C. 20425 Re: United States Commission on Civil Rights’ Planned Statutory Enforcement Re Dear Mr. Blackwood: By letter dated November 12, 2010, I advised you that the Department of Justice (‘Department’) is prepared to authorize deposition testimony by Department employees Loretta King, Steven Rosenbaum, and Julie Femandes, with the understanding that the employees would not be authorized to disclose confidential and deliberative information, provided that the United States Commission on Civil Rights (“Commission”) agrees to consider the employees’ testimony as part of its planned statutory enforcement report and agrees to submit the deposition transcripts to the Department for review and errata purposes. See Letter to David Blackwood from Joseph Hunt (Nov. 12, 2010). By letter of this date, you have informed me that the Commission has rejected the Department's offer, insisting, instead, that these Department employees appear this week for deposition on the terms that the Commission has sought to impose. The Department will not agree to the unilateral conditions set by the Commission, and thus the depositions may not go forward at this time. The Department remains prepared to authorize the testimony of Ms. King, Mr. Rosenbaum, and Ms, Fernandes, however, provided the Commission accepts the Department's good faith effort to accommodate the Commission’s requests on terms that also protect the Department's interests, as set forth in my letter of November 12, 2010. Whether theEo depositions go forward at all, therefore, depends on whether the Commission is prepared to make ‘that commitment and to work with the Department on mutually agreeable arrangements for the Ted Joseph H. Hunt Director Federal Programs Branch Civil Division