Rosen, Jeffrey A. (ODAG) From: Rosen, Jeffrey A. (ODAG) Sent: Tuesday, January 12, 2021 9:17 PM To: Claire M. Murray (OASG ) Subject: FW: Departure Timetable Importance: High Claire, I am not going to respond to Jeff Clark’s message given the events that took place with him. Those were not things on which “reasonable minds can differ” and simply move along. It appears he still does not recognize how harmful his actions and proposals were. Jeff From: Clark, Jeffrey (CIV) Sent: Friday, January 8, 2021 4:31 PM To: Rosen, Jeffrey A. (ODAG) ; Murray, Claire M. (OASG v> Subject: Departure Timetable Importance: High Jeff & Claire, I wanted to let you know that, pending your reaction, I am planning to leave my DOJ positions on Thursday, January 14, 2021 at circa noon. I have some projects to finish up before then and, of course, will continue to work on normal package flow approval up until the prior evening. I believe I’ve left a legacy of accomplishment starting after my confirmation in 2018. For instance, (1) I’ve almost certainly argued more cases personally than any other AAG in this Administration (achieving about an 85% win rate at this point, though several decisions are still pending, so the final rate may change before the dust settles); (2) working closely with CEQ and indeed helping drive the historic revisions to the NEPA regulations along with you, Jeff, and (3) successfully defending them in district court against being enjoined twice once before they went into effect and once afterwards; (4) winning the sprawling Juliana climate change case in the Ninth Circuit challenging the actions or inactions of multiple Cabinet agencies with authority over aspects of energy policy; (5) banning the unlawful device of supplemental environmental projects (“SEPs) which directly led to that device being banned administratively by EPA Administrator Wheeler as well, all of which fed into the Department’s release of (6) the third-party payment zero￾point regulations; (7) reorganizing the Civil Division’s approval process and making it more electronic; (8) arguing a prominent False Claims Act case in the Third Circuit that will take its place as part of a circuit split and involves defending the Department’s broad powers to dismiss qui tam matters, and many other achievements. Indeed, the only personal case I have lost at this point (an appeal) was 2-1, garnering a dissent from Judge Lee on the Ninth Circuit. I will miss the Justice Department and look back very fondly on this, my second stint in the Executive Branch. As you know, I have greatly enjoyed working with both of you and I sincerely hope our friendship continues. On most matters, we have been in total and vigorous agreement or in virtually all situations in at least in substantial agreement. But no one can agree on all things and reasonable minds can differ. Yet friendships and mutual professional respect endure. In the Civil Division, Jenn Dickey, as the Principal Deputy, will take over from the time of my departure through the end of the day on January 15. Then Jenn and I would recommend to you that John Coghlan, the DAAG over Federal Document ID: 0.7.3326.7937 0299 (b) (6) (b) (6) DOJ-21-0143-A-000247 VERSIGHT