Rogerus, Russeut, Euelrnr, ORsecx, UnreRetmrR & $auaen LLP

1801 K STREET, N.W., Sutre 411

WRsntucroN, D.C. 20006
PHoNE (202)775-4500
FAx (202) 775-4il4
www. robbins russell.com
Richard A- Sauber
January 16,2074
Marty Baron
Executive Editor
Kevin Merida
Managing Editor fbr News and Features
The Washington Post
1150 l5th Skeet, NW
Washington, DC 20071
Re: Inclusion of Jonathan Dach's Name in a Proposed Ner,r's Article
Dear Mr. Baron and Mr. Merida:
I am counsel to Jonathan Daeh. In r&.ent weeks I have been speaking u,ith two Posl
reporterso David Nakarnura and Carol Leonnig, about an artiele they have been working
aon
concerning the aftermath of the disclosure in the press that certain U.S. govemment employees
acted inappropriately while preparing in Colombia for the President's visit to Colombiain20l2.
Mr. Nakamura and Ms. Leonnig have informed me that they are considering using Mr.
Dach's narne, and the name of his father, Leslie Dach, in the article. In this letter I would like to
lay out the reasons why I think use of these namss would be unwarranted and unfair. More
generally, the reasons outlined below also bring into question why any article is fair given the
unsubstantiated nature of the allegations. I am also
asking for a meeting to further discuss these
issues before the Posr proceeds.
Let me make clear at the outset that Mr. Nakamura and Ms. Leonnig have been honest,
courteous, and completely fair with me. I am not writing to complain about their.actions; instead
I am writing to appeel to you as editors, lawyers, and reporters to exercise yolu journalistic
judgment
and refiain from including Jonathan Dach's name if this article is published and to
refrain from including Leslie Dach inthe story at all. I also believe that regardless of whether
nztrnes are used or not, the Posf has an obligation to include in the story that the paper has no
independent proof of the validity of any of these accusations, has seen no documentary evidence
Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP
To M. Baron and K. Merida
January 16,2414
Page2
or interviewed the underlying witnesses, and indeed that at least one of the allegations made by
some of the sources has been shown to be false'
It is my understanding that the proposed article being considered focuses primarily on
why the Interim Inspector General at the Department of Homeland Security directed his
investigators to exclude oertain allegations and evidence from their report that Jonathan Dach,
working as a White House volunteer, had a prostitute in his Colombian hotel room during the
time period in question. I aiso understand that the proposed article may include questions about
the way in which the White llouse responded to these allegations. Finally, I understand that the
possible inclusion of Leslie Dach's name is because, as Ms. Leonnig told me, it is "interesting"
that the events described above occurred and that Jonathan Dach's father Leslie is a connected
and influential supporter of President Obama.
Use of ,lonathan Dach's nome
To print in a national news outlet such as the Post that Jonathan Dach is accused of
taking a prostitute to his room while working for the White House will be devastating to this
young man
just
as he ernbarks on his career after law school. It will hang over his head through
the internet for the next 50 years. It will affect his
job prospects and his reputation forever.
Moreover, he has vehemently denied the allegation at every turn and would do so under oath
directly to the Past if rt would have a material impact on your decision. There is, in my view, no
compelling reason for the Post ta take this
gep.
We also believe the Post should have an
affirmative obligation to investigate and affirm the allegations before it chooses to do such harm'
Central aspects of this story, including the identity of Jonathan Dach as the White House
volunteer in question, have been circulating in the media since 2012. However, every media
outlet that has faced the question raised in this letter has decided not to include his name in the
reporting. If it proceetis, the PosI will be the first to do so. No other reporter, editor, or news
executive faced with this issue has ever taken this step.
I understand from Mr. Nakamura and Ms. Leonnig that they believe it is appropriate to
proceed and that this situation is different in pai't because of three important allegations that the
Posf has been told by curent or former IG staff: 1 There is an eye*witness from the Secret
Service who claims to have seen Mr. Dach at the hotel ftont desk trying to sign in a person who
"looked
like an escort" into his room; 2, There is some type of evidence indicating that Mr. Dach
bought items from his room mini-bar on the vsry same night, and these items are consistent with
a couple "partying" in the room; and 3. There is some documentary evidence indicating Mr.
Dach in fact signed the "escort" into his room and tried to use his Ililton Rewards number in lisu
ofbeing charged the hotel's standard late night guest fee.
Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP
To M. Baron and K. Merida
January 16,2414
Page 3
The first allegation that a Secret Service employee alleged to the IC staff that he saw Mr.
Dach in the lobby of the hotel sign in a person to his room who "looked like" an escort is
particularly flimsy unless corroborating evidence exists. It seems as if the Seoret Service source
isn't saying that he has any proof that the person he saw was an escort
-
only that the person
looked like one.
The allegations concerning the existence of documsntary evidence are even more
troubling. It is unclear to me whether the Posf has such evidence in its possession or has at least
seen the evidence. Nonetheless, it took me little eff'ort to demonstrate to Mr. Nq&amura and Ms.
Leonnig that the second allegation was patently false. I provided them with a copy of the
"incidentals" bill from Mr. Dach's stay in Colombia. (The room charges are billed directly to the
U.S. Government). There were no "late night guest" fees indicated, nor was there any indication
that the Awards number had been used to have a fee waived. But most importantly, the bill (and
the receipt which was also provided) indicated that for the entire stay Mr. Dach consumed a
single bottle of mineral water and nothing else; hardly the indication of a wild night with a
prostitute that your reporters' sources indicated was a "new" piece of evidence,
In light of the demonstrable falsity of the "mini-bar" allegation, it would seem both fair
and imperative for the Post to subject the other documentary elaim to more stringent review.
Indeed, if such documentary eyidence truly exists, why not show it to me so that I can have a
chance to provide evidence that might undermine or refute it? If there is a signature involved,
why not give me a chance to demonstrate thafrit is forged or taken from a different document?
And if it turns out that the Posr does not have or has not seen this documentary evidence,. I
believe that the equities now tip in favor of extreme skepticism, especially in light of the stakes.
Use of Leslie Dach's Name
Leslie Dach is a mature man who has lived for decades in Washington, D.C. where he
has been involved in business and politics. To have survived here for that long he has certainly
developed a thick skin. But in some ways the use of his name would be even more inappropriate
and unfair than the use of his sonos name.
As I understand the focus of the proposed article, it is that a high-level government
official (the Interim DHS IG), obstructed
justice
by interfering with a law enforcement report
(the IG Report). This interference came in the form of instructing the IG Agents to leave out
certain salienl facts and the name of Jonathan Dach. This set of facts would then be contrasted
with the "interesting" factthat Jonathan Dach's father is a connected and influential Democratic
supporter of the President. As I said, this is nothing more than an obvious invitation to infer that
there was political interference in the law enforcement proeess, and yet the Post has said to me it
has absolutely no evidence that Leslie Dach in any way attempted to interfere wittr the IG report
Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP
To M. Baron and K. Merida
January 16,2014
Page 4
or was known to the IG, This type of highly inflammatory innuendo and guilt by association is
patently unTair.
I would very much like the opportunity to meet with you if you conclude that these
names should be incllded in the article. I am ready to provide any information we can obtain
and to make Jonathan Dach available for interview about the events of that night in Colombia if
you can tell me his denials would be material to yolr decision.
Very truly yours,
d*
Richard A. Sauber
cc:
Stephen Hills, President and General Manager
KevinMeridaffi
Anne Komblut
James Mclaughlin
John B, Kennedy
Katherine Weymouth
David Nakurruru
Carol Leonnig
i
RoBerNs, Russetq EnouRr, ORsecx, UrurrREtneR & Snueen LLP
1801 K STREET, N.W., SUITE 411
WASHINGToN, D.C. 20006
PHoNE (202)775-4500
Fnx (202) 775-4510
www. robbins russell. com
Richard A. Sauber
March 6,2474
VIA EMAIL AND HAND DELIVERY
Martin Baron
Executive Editor
Kevin Merida
Managing Editor forNews and Features
The Washington Post
1l"50 1sth Street, NW
Washington,DC 20471
i'
Re:
fnclusion
of Jonathan Dach'q Narne in a Proposed News Article
Dear Mr.
garoii
ana Mr. Merida:
':
'
,:
I wanted to thank.you, and your team, for taking tfie time to meet with us last Tuesday. We very
much appreciate tfie seriousness with which you have treated o1r concems.
i
There were a few itgms discussed at thelnAeting that I would like to address immediately
because I think they directly impact the question of *ifether it would be fair to use Jona&an
Dach's name. I also wanted to share some information that you asked us for that we did not have
with us at the time of the meeting that we believe fu*her undermines the credibility of the
investigatory record you are relying on.
If I understand correctly, the Post may use Mr. Dach's name, and perhaps eYen his picture, in
part because it feels that the evidence supporting the allegation that he brought a prostitute back
to his room is suffrciently strong and your sources sufficiently kustworthy to
justifr
identifying
him by name in connection with this allegation. in support of that position the Post cited several
items to me, either in our meeting or previously: (l) there is a report of some sonversations with
hotel staff or a notation in some record indicating he tied to use his Hilton Honors status to
have the iate night guest fee waived; and (2) he was seen that evening in some location with (or
near) prostitutes (we are still unclear whether you are saying your witness saw Mr. Dach with
prostitutes or in a neighborhood where prostitutes are seen)
;
and (3) there was mini-bar activity
that night consistent with having a room guest; and (a) there were eye-witnesses who saw him at
the hotel with a wom&n who looked like a prostitute.
I believe that these points on which the Posl seeks to rely are unsupported, especially in light of
some supporting documentation provided herein and on items previously supplied to your
Robbins, Russell, Englert, Orseckn Untereiner & Sauber LLP
To M. Baron and K. Merida
March 6,2014
Page2
reporters. In addition, I point your reporters to several other witnesses, see below, that are readily
available shculd your reporters like to seek them out.
To start, I am attaching a copy of an email sent by the Hilton Cartagena to Mr. Dach on March 5
intlicating that there is no notation whatsoevet in his hotel guest file indicating anylhing,let
alone an effort to have the late night guest fee waived. There is si in his Hilton
Honors file to support this allegation either. (His HH number and your reporters
may check for thernselves). As I wrote earlier, it is unclear to me whether your reporters have
actually seen a document supporting this allegation or whether they are basing their report on
first, or second, or third-hand testimony, but in any event the most relevant documentation is
entirely devoid of any supporting evidence.
Similarly, the ailegation that Mr. Dach was seen in a neighborhood with prostitutes that evening,
or was seen checking a prostitute into his room, runs up against significant evidence to the
contrary. On the evening that your sources make these allegations about Mr. Dach, here is what
happened, all of which can be verified by multiple eye-witnesses, some of whom I believe your
reporters have spoken with, and travel and cornmunications records:
l. Mr. Dach's day began
just
after midnight on April 3 in New Haven when he began
his trip to JFK for his three flights (through Miami and Bogota) on his way to
Cartagena,
2. Nineteen hours later, at approximately 7 p.m., he checked into his room at the Hilton
Cartagena.
3. About ten minutes later he went iffia U.S. embassy supplied-vehicle, accompanied by
several other White Housti advance team members and two embassy control officers,
to dinner at Casa del Soccorro in the Getsemani neighborhood of the old city. The
restaurant was recorlmended to the group by the embassy control offrcers. The
embassy control officers had dinner with the group while the cars stood by in a
parking lot across the street.
4. At approximately 10:40 p.m. Mr. Dach and the group including the embassy control
officers
got in the embassy cars and returned to the hotel.
5. At 10:48 p.m. Mr. Dach sent a text message to a friend. [n response to the friend's
question, 'iHow is Colombia?" Mr. Dach responded "it is the best I am exhausted."
At that point he had beenup and traveling for nearly 23 hours.
We would be happy to provide you with any documentation we have to support this timeline,
and we also zuggest that there are multiple sources who can confirm these events.
Against the backdrop of this timeline, it would seem prudent for your.rlngrters to test the
credibility of the "eyewitnesses"
by asking for the times of the supposed sightings of Mr. Dach
with prostitutes; by asking whether embassy personnel were present; by asking whether other
White House advance staff were present.
Robbine, Russell, Englefi, Orseck, Untereiner & Sauber LLP
To M. Baron and K. Merida
March 6,2014
Page 3
As for the mini-bar issue, you twice during our meeting dismissed that as being trivial or
irrelevant. My point in raising it, however, was that it was your reporters who cited it 1o me as
evidence to support the allegation that there was a room guest. A review of the actual mini-bm
record did in fait reveal an $8
purchase on the evening in question- hardly evidence to support a
prostitute's visit. I raised it only to suggest that reliability of the Post's sources on that point was
at the very least questionable.
I also wanted to clarify a point that arose in our meeting, A Post representative at one point
stated that the hotel log showed that Mr. Dach signed a person into his room. I am sure this was
just
carelessness in language since I am sure we agree neither his signature nor name was on the
log.
You additionally
justified
the newsworthy aspect of the story, and the naming of Mr. Dach, by
pointing out the significant disparity between the ways Mr. Dach was treated compared to the
way the Secret Service officers were treated. I would suggest that there are perfectly good
reasons to treat Secret Service agents differently than White House volunteers. The Secret
Service agents are armed guardians of the President and his family with open access to some of
the most secure plaees in this country. They hold a place of absolute trust within the
Government, and even the slightest question about the propriety of their conduct raises profound
and important questions of national security and Presidential safety, The
job
responsibilities of
these agents, and the important role they play, simply cannot compare to the position and role of
a White House advance staffvolunteer.
With the questions I have raised about the vatidity of the allegations made by your sourc!s, I do
not believe there is a basis for publishing in*the Washingtorc Post a story that will tamish and
irreparably hann Mr. Dach. I believe that thh
journalistic goals of the Posf can easily be met
without giving the reader the distinct impression that there is any significant support for t{ese
unfair accusations against Mr. Dach.
Finally, you have asked if Mr. Dach would sit with your reporters and answer questions about
that evening in Colombia. I am prepared to recommend that he agree to such an interview
because as we have said repeatedly the allegations
you are contemplating printing about him are
untrue and highly inflammatory. I would very much like your response to the points raised
above and the clarificaticn of the questions I have asked about the investigatory record. Once
that is done I will discuss with your reporters the ground rules and the timing for an interview.
1 am available to discuss these matters by phoni at your convenience.
Richard Sauber