washington post letters
TRANSCRIPT
-
8/10/2019 Washington Post Letters
1/7
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
-
8/10/2019 Washington Post Letters
2/7
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.
-
8/10/2019 Washington Post Letters
3/7
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
-
8/10/2019 Washington Post Letters
4/7
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
-
8/10/2019 Washington Post Letters
5/7
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
-
8/10/2019 Washington Post Letters
6/7
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.
-
8/10/2019 Washington Post Letters
7/7
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