Pandemic Darlings The pandemic economy, in original documents
Home Court filings Americans for Public Trust v. United States Department of Health and Human Services Vaughn index — APT v. HHS

Court filing

Vaughn index — APT v. HHS

Filed December 10, 2021 in Apt v. HHS; one of 4 filings from this case.

Record facts

CourtU.S. District Court for the Northern District of Georgia (Atlanta Division)
Filed2021-12-10

U.S. District Court for the Northern District of Georgia (Atlanta Division) · No. 1:21-cv-02834-ELR · Doc. 37-3 · 2021-12-10 · Docket on CourtListener

Full text

Vaughn I 
Page 1 of 36 
 
American Public Trust v. HHS  
Case No. 21-cv-02834 
 
Vaughn Index of Information Withheld/Redacted  from September 1, 2021 Release  
 
 
 
REVISED INITIAL RESPONSE PROVIDED  
September 1, 2021 
 
Item 
 
Document  
 
Document Identification  
 
 
Description of 
Withheld Material 
 
Basis for Withholding 
1. 
Pages 2-38 
Draft records sent on 
2/11/2021, From: CDC’s 
Chief of Staff (CoS) To: HHS 
Chief of Staff for COVID 
Response, HHS Asst. Sec. for 
Preparedness and Response,  
Cc: CDC Director, CDC 
Principal Deputy Director, 
Principal Deputy Incident 
Manager CDC COVID-19 
Emergency Response, 
Incident Manager CDC 
COVID-19 Emergency 
Response 
Draft copy of Science 
Brief: Transmission of 
SARS-CoV-2 in K-12 
schools and draft copy of 
Guidance for Operating 
Childcare Programs 
during COVID-19 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional drafts with comment 
bubbles recommending changes, notes, and highlighted 
text. Release would compromise the deliberative process 
of the agency in administrative matters regarding open, 
frank discussions on matters of policy. 
 
2. 
Pages 39-40 
Email dated 1/26/2021 from 
CDC CoS to HHS CoS for 
Summaries and titles of 
various documents to be 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of a list of pre-decisional documents and 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 1 of 130

 
Vaughn I 
Page 2 of 36 
 
COVID Response, HHS Asst. 
Sec. for Preparedness and 
Response, HHS Senior 
Advisor, Counselor to HHS 
Secretary, Cc: CDC Principal 
Deputy Director, Principal 
Deputy Incident Manager 
CDC COVID-19 Emergency 
Response, Incident Manager 
CDC COVID-19 Emergency 
Response 
discussed at a school 
guidance and phased 
mitigation prep meeting 
between CDC and HHS 
 
 
a summary of what the documents contain or should 
contain.  Release would compromise the deliberative 
process of the agency in administrative matters regarding 
open, frank discussions on matters of policy. 
  
3. 
Pages 41-48 
Email chain with attachment 
starting with an email dated 
2/1/2021 from the CDC 
Acting Associate Director for 
Communication to CDC 
Director, Cc, CoS and ending 
on 2/2/2021 with an email 
from CoS to Acting Associate 
Director For Communication, 
CDC Director, Special 
Assistant to CDC Director  
Content in the body of 
emails between the 
Director and the Acting 
Associate Director for 
Communication 
discussing, 
recommending, or 
opining on what should 
or should not be included 
in the Director’s remarks 
to the National 
Governors Association 
call scheduled for the 
2/2/2021 
 
Five-page draft of 
Director’s remarks to the 
National Governors 
Association  
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion regarding 
talking points for an upcoming meeting between the CDC 
Director, the White House, National Governors 
Association (NGA), and all the Governors.  Release 
would compromise the deliberative process of the agency 
in administrative matters regarding open, frank 
discussions on matters of policy between staff members. 
 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 2 of 130

 
Vaughn I 
Page 3 of 36 
 
4. 
Pages 49-50 
Email chain with attachment 
starting with an email dated 
2/8/21 from Executive Office 
of the President (EOP) 
Associate Director of Public 
Engagement to CDC CoS, 
and ending 2/9/21 with an 
email from CDC CoS to CDC 
Director et al. 
Content in the body of 
the emails contains 
discussion relating to 
school reopening and 
potential guidance 
rollout 
 
White House email 
addresses and phone 
numbers from the 
Executive Office of the 
President (EOP) 
 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion regarding date 
of potential guidance rollout.  The release of this internal 
information would compromise the deliberative process of 
the agency in administrative matters requiring open, frank 
discussions on policy between staff members.  This would 
result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for communicating and engaging with the 
public and interested parties on pending agency policies 
and on strategies for releasing pending policies. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
EOP email addresses and phone numbers could 
reasonably be expected to constitute an unwarranted 
invasion of personal privacy by subjecting personnel to 
harassment and annoyance in conducting their official 
duties.  
5. 
Pages 51-54 
Attachment to email chain 
dated February 8-9, 2021 
above 
Draft event 
memorandum to the 
CDC Director regarding 
School Reopening 
Teachers Roundtable 
which contains 
biographical information 
of potential teacher 
representatives for an 
upcoming meeting 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of a pre-decisional draft memorandum 
with recommended purpose of meeting, talking points for 
upcoming meeting between the CDC Director and teacher 
representatives, and information regarding potential 
teacher representatives at the meeting.  The release of this 
internal information would compromise the deliberative 
process of the agency in administrative matters requiring 
open, frank discussions on decision-making and policy 
between staff members.  This would result in a chilling 
effect on intra- and inter-agency communications and 
reduce the ability of agency officials to deliberate in a 
meaningful manner on methods of communicating and 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 3 of 130

 
Vaughn I 
Page 4 of 36 
 
engaging with the public and interested parties on pending 
agency policies and cause confusion regarding what 
information ultimately was shared by the CDC Director 
and with whom. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
biographical information for potential teacher 
representatives could reasonably be expected to constitute 
an unwarranted invasion of personal privacy by subjecting 
personnel to harassment. 
6. 
Pages 55-58 
Email chain with attachment 
starting with an email dated 
2/8/21 from EOP Associate 
Director of Public 
Engagement to CDC CoS, et 
al., and ending 2/10/21 with 
an email from CDC CoS to 
CDC Director et, al. 
Content in the body of 
the emails contains 
discussion relating to 
school reopening and 
potential guidance 
rollout 
 
White House email 
addresses and phone 
numbers from the 
Executive Office of the 
President (EOP) 
 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion regarding date 
of potential guidance rollout.  The release of this internal 
information would compromise the deliberative process of 
the agency in administrative matters requiring open, frank 
discussions on policy between staff members.  This would 
result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for communicating and engaging with the 
public and interested parties on pending agency policies 
and on strategies for releasing pending policies. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
EOP email addresses and phone numbers could 
reasonably be expected to constitute an unwarranted 
invasion of personal privacy by subjecting personnel to 
harassment and annoyance in conducting their official 
duties.  
7. 
Pages 59-62 
Attachment to email chain 
dated February 8-10, 2021 
above 
Draft event 
memorandum to the 
CDC Director regarding 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of a pre-decisional draft memorandum 
with recommended purpose of meeting, talking points for 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 4 of 130

 
Vaughn I 
Page 5 of 36 
 
School Reopening 
Teachers Roundtable 
which contains 
biographical information 
of potential teacher 
representatives for an 
upcoming meeting 
 
upcoming meeting between the CDC Director and teacher 
representatives, and information regarding potential 
teacher representatives at the meeting.  The release of this 
internal information would compromise the deliberative 
process of the agency in administrative matters requiring 
open, frank discussions on decision-making and policy 
between staff members.  This would result in a chilling 
effect on intra- and inter-agency communications and 
reduce the ability of agency officials to deliberate in a 
meaningful manner on methods of communicating and 
engaging with the public and interested parties on pending 
agency policies and cause confusion regarding what 
information ultimately was shared by the CDC Director 
and with whom. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
biographical information for potential teacher 
representatives could reasonably be expected to constitute 
an unwarranted invasion of personal privacy by subjecting 
personnel to harassment. 
8. 
Pages 63-64 
Email chain starting on 
1/31/21 with an email from 
CDC Acting Associate 
Director for Communication 
to CDC Director, and ending 
on 1/31/21 with an email from 
CDC CoS to CDC Principal 
Deputy Director 
Content in the body of 
emails discussing 
information on a draft 
Morbidity and Mortality 
Weekly Report 
(MMWR) and the 
nuances of the school 
rollout 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion regarding the 
school rollout and a draft MMWR.  Release would 
compromise the deliberative process of the agency in 
administrative matters regarding open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner. 
 
 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 5 of 130

 
Vaughn I 
Page 6 of 36 
 
9. 
Pages 65-66 
Email chain starting with an 
email dated 2/7/2021 from the 
CDC CoS to EOP 
Intergovernmental Affairs 
Director, and ending on 
2/15/2021 with an email from 
CDC CoS to CDC Director  
EOP email addresses  
Exemption (b)(6), Personal Privacy Interests: Release of 
EOP email addresses could reasonably be expected to 
constitute an unwarranted invasion of personal privacy by 
subjecting personnel to harassment and annoyance in 
conducting their official duties. 
10. 
Pages 67-69 
Email chain starting with an 
email dated 1/11/2021 from a 
CDC Public Health Analyst to 
CDC Director et al., and 
ending on 1/19/21 with an 
email from CDC CoS to 
CDC’s Principal Deputy 
Director 
Content in the body of an 
email summarizing notes 
from a call, summary of 
a draft MMWR, and 
discussion on upcoming 
guidance and priorities 
for the week.  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of notes on pre-decisional and 
deliberative discussion regarding policy and guidance and 
separate agency priorities and a draft MMWR.  Release 
would compromise the deliberative process of the agency 
in administrative matters regarding open, frank 
discussions on matters of policy between staff members.  
This would result in a chilling effect on intra- and inter-
agency communications and reduce the ability of agency 
officials to deliberate in a meaningful manner. 
 
 
11. 
Pages 70-73 
Email chain with attachment 
starting with an email dated 
1/20/21 from EOP Policy 
Advisor to CDC Director, and 
ending on 1/21/21 with an 
email from CDC CoS to CDC 
Principal Deputy Director 
 
  
Discussion in the body 
of the email regarding 
interagency coordination 
and draft materials 
relating to potential 
school and other 
protocols 
 
EOP email addresses and 
phone numbers 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion regarding 
suggestions for policy making processes, potential 
interagency coordination, commentary on draft materials, 
recommendations for individuals to participate in 
discussions about potential coordination, information 
regarding interagency partners who are considering 
coordination, and titles of circulated draft documents.  The 
release of this internal information would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on policy 
between staff members.  This would result in a chilling 
effect on intra- and inter-agency communications and 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 6 of 130

 
Vaughn I 
Page 7 of 36 
 
reduce the ability of agency officials and their 
counterparts to deliberate in a meaningful and 
collaborative manner on coordination of potential policies 
and process for reviewing those policies. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
EOP email addresses and phone numbers could 
reasonably be expected to constitute an unwarranted 
invasion of personal privacy by subjecting personnel to 
harassment and annoyance in conducting their official 
duties. 
12. 
Pages 74-87 
Attachment for January 20-
21, 2021 email chain above 
Draft update for 
interagency partner’s 
COVID-19 landing page 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional drafts of potential 
COVID-19 landing page including draft summaries of 
information, draft purpose of the draft landing page, and 
draft guidance and measures for responding to COVID-
19.  The release of this internal information would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on policy between staff members.  This would result in a 
chilling effect on intra- and inter-agency communications 
and reduce the ability of agency officials and their 
counterparts to deliberate in a meaningful and 
collaborative manner on coordination of draft and 
potential policies and the process for review. 
13. 
Pages 88-89 
Email chain with attachment 
starting with an email dated 
2/8/21 from EOP Associate 
Director of Public 
Engagement to CDC CoS, 
and ending 2/9/21 with an 
email from CDC CoS to CDC 
Content in the body of 
the emails contains 
discussion relating to 
school reopening and 
potential guidance 
rollout 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion regarding date 
of potential guidance rollout.  The release of this internal 
information would compromise the deliberative process of 
the agency in administrative matters requiring open, frank 
discussions on policy between staff members.  This would 
result in a chilling effect on intra- and inter-agency 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 7 of 130

 
Vaughn I 
Page 8 of 36 
 
Director’s Executive Assistant 
et al. 
White House email 
addresses and phone 
numbers from the 
Executive Office of the 
President (EOP) 
 
 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for communicating and engaging with the 
public and interested parties on pending agency policies 
and on strategies for releasing pending policies. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
EOP email addresses and phone numbers could 
reasonably be expected to constitute an unwarranted 
invasion of personal privacy by subjecting personnel to 
harassment and annoyance in conducting their official 
duties.  
14. 
Pages 90-93 
Attachment to email chain 
dated February 8-9, 2021 
above 
Draft event 
memorandum to the 
CDC Director regarding 
School Reopening 
Teachers Roundtable 
which contains 
biographical information 
of potential teacher 
representatives for an 
upcoming meeting 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of a pre-decisional draft memorandum 
with recommended purpose of meeting, talking points for 
upcoming meeting between the CDC Director and teacher 
representatives, and information regarding potential 
teacher representatives at the meeting.  The release of this 
internal information would compromise the deliberative 
process of the agency in administrative matters requiring 
open, frank discussions on decision-making and policy 
between staff members.  This would result in a chilling 
effect on intra- and inter-agency communications and 
reduce the ability of agency officials to deliberate in a 
meaningful manner on methods of communicating and 
engaging with the public and interested parties on pending 
agency policies and cause confusion regarding what 
information ultimately was shared by the CDC Director 
and with whom. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
biographical information for potential teacher 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 8 of 130

 
Vaughn I 
Page 9 of 36 
 
representatives could reasonably be expected to constitute 
an unwarranted invasion of personal privacy by subjecting 
personnel to harassment. 
15. 
Pages 94-95 
Email chain starting and 
ending on 2/19/21 from the 
CDC Director of the 
Washington Office to the 
CDC Director of National 
Center For Injury Prevention 
And Control (NCIPC), and 
ending with an email from 
CDC Director of the 
Washington Office to a 
program analyst at the 
Washington Office 
Content in the emails 
discussing potential data 
talking points regarding 
the impact of staying out 
of school 
 
Phone number of the 
Director for the 
Washington Office 
Exemption (b)(5), Deliberative Process Privilege: redacted 
material consists of discussion on data and language that 
could be used in talking points.  Release would 
compromise the deliberative process of the agency in 
administrative matters regarding open, frank discussions 
on matters of policy between staff members. This would 
result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
phone numbers could reasonably be expected to constitute 
an unwarranted invasion of personal privacy by subjecting 
personnel to harassment and annoyance in conducting 
their official duties. 
 
  
16. 
Page 96-127 
Email chain with attachment 
starting 2/8/21 from the CDC 
Deputy Director of Issues 
Management, Analysis & 
Coordination (IMAC) to CDC 
CoS, CDC Principal Deputy 
Director, and ending on 
2/8/21 with an email from 
CoS to CDC Deputy CoS 
Content in the body of 
the email discussing 
what steps need to 
happen prior to the 
release of school 
guidance. 
 
Draft of K-12 Schools 
Operational strategy 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional draft along with 
discussion on what needs to happen prior to the release of 
the guidance. Release would compromise the deliberative 
process of the agency in administrative matters regarding 
open, frank discussions on matters of policy between staff 
members.  This would result in a chilling effect on agency 
communications and hinder the ability of agency officials 
to deliberate in a candid and meaningful manner on policy 
considerations. 
 
 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 9 of 130

 
Vaughn I 
Page 10 of 36 
 
17. 
Page 128 
Email chain beginning and 
ending on 2/20/21 with an 
email from Director of 
National Institute of Allergy 
and Infectious Diseases 
(NIAID) to CDC Director, 
and ending with an email 
from CDC Director to CDC 
Principal Deputy Director and 
a Division Director 
NIAID email addresses 
and phone numbers of 
high-ranking officials 
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses and phone numbers could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to 
harassment and annoyance in conducting their official 
duties. 
 
18. 
Pages 132-
141 
Email chain beginning on 
2/3/21 with an email from 
EOP Covid Response Team 
Testing Coordinator to CDC 
CoS et al., and ending on 
2/8/21 with an email from 
CDC CoS to the CDC 
Director’s Executive Assistant  
Content in body of email 
chain between CDC CoS 
and White House public 
engagement personnel 
discussing planning for 
roundtable meeting with 
CDC and teachers, 
questions and 
deliberations regarding 
how to respond to 
inquiries from 
participants, and what 
CDC Director’s role will 
be in meeting. 
 
EOP email addresses and 
personal identifiable 
information regarding 
potential teacher 
representatives  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative 
discussions regarding planning for roundtable meeting 
with CDC and teachers, questions and deliberations 
regarding how to respond to inquiries from meeting 
participants, and what CDC Director’s role will be in 
meeting.  The release of this internal information would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for communicating and engaging with the 
public and interested parties on pending agency policies, 
including pre-decisional deliberations on appropriate 
responses to inquiries from those parties. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses could reasonably be expected to 
constitute an unwarranted invasion of personal privacy by 
subjecting personnel to harassment and annoyance in 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 10 of 130

 
Vaughn I 
Page 11 of 36 
 
conducting their official duties.  Additionally, release of 
potential teacher representative’s biographical information 
could reasonably be expected to constitute an unwarranted 
invasion of personal privacy by subjecting personnel to 
harassment. 
 
19. 
Pages 142-
151 
Email chains beginning on 
2/3/21 with an email from 
EOP Covid Response Team 
Testing Coordinator to CDC 
CoS, and ending on 2/9/21 
with an email from CDC CoS 
to HHS Deputy Asst. Sec. for 
Public Affairs 
Content in body of email 
chain between CDC CoS 
and White House public 
engagement personnel 
discussing planning for 
roundtable meeting with 
CDC and teachers, 
questions and 
deliberations regarding 
how to respond to 
inquiries from 
participants, and what 
CDC Director’s role will 
be in meeting. 
 
EOP email addresses and 
personal identifiable 
information regarding 
potential teacher 
representatives  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative 
discussions regarding planning for roundtable meeting 
with CDC and teachers, questions and deliberations 
regarding how to respond to inquiries from meeting 
participants, and what CDC Director’s role will be in 
meeting.  The release of this internal information would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for communicating and engaging with the 
public and interested parties on pending agency policies, 
including pre-decisional deliberations on appropriate 
responses to inquiries from those parties. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses could reasonably be expected to 
constitute an unwarranted invasion of personal privacy by 
subjecting personnel to harassment and annoyance in 
conducting their official duties.  Additionally, release of 
potential teacher representatives’ biographical information 
could reasonably be expected to constitute an unwarranted 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 11 of 130

 
Vaughn I 
Page 12 of 36 
 
invasion of personal privacy by subjecting personnel to 
harassment. 
 
20. 
Pages 152-
153 
Email chain starting on 2/7/21 
from CDC CoS to EOP 
Intergovernmental Affairs 
Director, and ending on 
2/11/21 with an email from 
the CDC CoS to a CDC 
Public Health Analyst   
EOP email addresses 
Exemption (b)(6), Personal Privacy Interests: Release of 
White House EOP email addresses could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to harassment 
and annoyance in conducting their official duties. 
 
21. 
Pages 154-
155 
Email chain starting on 
2/10/21 from EOP Special 
Asst. to the President to EOP 
Special Asst. to the President 
and Senate Legislative Affairs 
Liaison, and ending on 
2/11/21 with an email from 
the CDC Director of the 
Washington Office to CDC 
CoS, et al.  
 
Content in the body of 
emails discussing 
inquiries relating to 
public reports on school 
reopening 
 
EOP email addresses 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion regarding 
reaction to release of school reopening guidance.  The 
release of this internal information would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on intra- and inter-agency communications 
and reduce the ability of agency officials to deliberate in a 
meaningful manner on methods of and strategies for 
communicating with congressional counterparts on 
pending agency policies. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
White House EOP email addresses could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to harassment 
and annoyance in conducting their official duties. 
 
22. 
Pages 156-
157 
Email chain starting on 2/2/21 
from the National Education 
Association (NEA) to EOP 
EOP email addresses 
Exemption (b)(6), Personal Privacy Interests: Release of 
White House EOP email addresses could reasonably be 
expected to constitute an unwarranted invasion of 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 12 of 130

 
Vaughn I 
Page 13 of 36 
 
Policy Advisor for Testing in 
Covid-19 Response Team and 
ended on 2/3/21 with an email 
from CDC CoS to a CDC 
Branch Chief et al. 
personal privacy by subjecting personnel to harassment 
and annoyance in conducting their official duties. 
  
23. 
Pages 162-
163 
Email chain with attachment 
starting with an email dated 
2/8/21 from the EOP 
Associate Director of Public 
Engagement to CDC CoS, 
and ending 2/9/21 with an 
email from CDC CoS to CDC 
Director 
Discussion in the body 
of the email relating to 
school reopening and 
potential guidance 
rollout 
 
 
EOP email addresses 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion regarding date 
of potential guidance rollout.  The release of this internal 
information would compromise the deliberative process of 
the agency in administrative matters requiring open, frank 
discussions on policy between staff members.  This would 
result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for communicating and engaging with the 
public and interested parties on pending agency policies 
and on strategies for releasing pending policies. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
EOP email addresses could reasonably be expected to 
constitute an unwarranted invasion of personal privacy by 
subjecting personnel to harassment and annoyance in 
conducting their official duties. 
24. 
Pages 164-
173 
Email chain starting on 2/3/21 
with an email from EOP 
Covid Response Team 
Testing Coordinator to CDC 
CoS and ending on 2/8/21 
with an email from CDC CoS 
to the CDC Director  
Content in body of email 
chain between CDC CoS 
and White House public 
engagement personnel 
discussing planning for 
roundtable meeting with 
CDC and teachers, 
questions and 
deliberations regarding 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative 
discussions regarding planning for roundtable meeting 
with CDC and teachers, questions and deliberations 
regarding how to respond to inquiries from meeting 
participants, and what CDC Director’s role will be in 
meeting.  The release of this internal information would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 13 of 130

 
Vaughn I 
Page 14 of 36 
 
how to respond to 
inquiries from 
participants, and what 
CDC Director’s role will 
be in meeting. 
 
EOP email addresses and 
personal identifiable 
information regarding 
potential teacher 
representatives  
on matters of policy between staff members.  This would 
result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for communicating and engaging with the 
public and interested parties on pending agency policies, 
including pre-decisional deliberations on appropriate 
responses to inquiries from those parties. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses could reasonably be expected to 
constitute an unwarranted invasion of personal privacy by 
subjecting personnel to harassment and annoyance in 
conducting their official duties.  Additionally, release of 
potential teacher representative’s biographical information 
could reasonably be expected to constitute an unwarranted 
invasion of personal privacy by subjecting personnel to 
harassment. 
 
25. 
Pages 174-
184 
Email chain starting on 2/3/21 
with an email from EOP 
Covid Response Team 
Testing Coordinator to CDC 
CoS and ending on 2/8/21 
with an email from CDC CoS 
to the CDC Director  
Content in body of email 
chain between CDC CoS 
and White House public 
engagement personnel 
discussing planning for 
roundtable meeting with 
CDC and teachers, 
questions and 
deliberations regarding 
how to respond to 
inquiries from 
participants, and what 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative 
discussions regarding planning for roundtable meeting 
with CDC and teachers, questions and deliberations 
regarding how to respond to inquiries from meeting 
participants, and what CDC Director’s role will be in 
meeting.  The release of this internal information would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 14 of 130

 
Vaughn I 
Page 15 of 36 
 
CDC Director’s role will 
be in meeting. 
 
EOP email addresses and 
personal identifiable 
information regarding 
potential teacher 
representatives  
strategies for communicating and engaging with the 
public and interested parties on pending agency policies, 
including pre-decisional deliberations on appropriate 
responses to inquiries from those parties. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses could reasonably be expected to 
constitute an unwarranted invasion of personal privacy by 
subjecting personnel to harassment and annoyance in 
conducting their official duties.  Additionally, release of 
potential teacher representative’s biographical information 
could reasonably be expected to constitute an unwarranted 
invasion of personal privacy by subjecting personnel to 
harassment. 
 
26. 
Pages 185-
212 
Email chain with attachment 
beginning on 1/28/21 with an 
email from the CDC CoS to 
CDC Division Director, CDC 
Director and ended on 1/29/21 
with an email from CDC CoS 
to HHS Cos and HHS Asst. 
Sec. for Preparedness and 
Response et al. 
Content in the body of 
emails that summarizes 
the edits made to the 
draft school guidance 
document, and 
discussion as to the next 
steps that should be 
completed prior to its 
release.  
 
Draft of Operational 
Strategy for K-12 
Schools through Phased 
Mitigation  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional drafts with comment 
bubbles recommending changes, notes, and highlighted 
text. Release would compromise the deliberative process 
of the agency in administrative matters regarding open, 
frank discussions on matters of policy.  This would result 
in a chilling effect on agency communications and hinder 
the ability of agency officials to deliberate in a candid and 
meaningful manner on policy considerations. 
 
27. 
Pages 213-
222 
Email chain beginning on 
2/9/21 with an email from the 
EOP Policy Advisor to CDC 
Discussion in body of 
email chain deliberating 
on questions and 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative 
discussions regarding considerations and 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 15 of 130

 
Vaughn I 
Page 16 of 36 
 
Acting Associate Director for 
Communication et al., and 
ended on 2/11/21 with an 
email from CDC Director of 
the Washington Office to a 
CDC Branch Chief et al. 
considerations for media 
and stakeholder 
communications and 
planning for 
congressional outreach 
for safe school operating 
rollout 
 
EOP email addresses and 
phone numbers  
recommendations for media and stakeholder 
communications and strategies and planning for 
congressional outreach on safe school operating rollout.  
The release of this internal information would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of decision-making and policy between staff 
members.  This would result in a chilling effect on intra- 
and inter-agency communications and reduce the ability 
of agency officials to deliberate in a meaningful manner 
on methods of and strategies for communicating with the 
public and interested parties on pending agency policies. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses and phone numbers could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to harassment 
and annoyance in conducting their official duties.   
 
28. 
Page 223 
Email chain beginning on 
2/9/21 from EOP Policy 
Advisor to CDC Acting 
Associate Director for 
Communication et al., and 
ending on 2/10/21 with an 
email from the CDC Director 
of the Washington office to a 
CDC Program Analyst  
 
EOP email addresses and 
a password for a zoom 
meeting 
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses and passwords could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to harassment 
and annoyance in conducting their official duties.   
 
29. 
Pages 224-
225 
Email chain beginning on 
2/1/21 from the Director of 
the American Federation of 
Discussion in body of 
email chain consisting of 
deliberations and 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative 
discussion regarding stakeholder information and 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 16 of 130

 
Vaughn I 
Page 17 of 36 
 
Teachers (AFT) to several 
EOP and AFT staff, and 
ended on 2/2/21 with an email 
from the CDC Director to 
EOP Covid Response Team 
Testing Coordinator, et al. 
questions regarding 
stakeholder feedback on 
upcoming guidance from 
CDC 
feedback on upcoming guidance from CDC.  Release 
would compromise the deliberative process of the agency 
in administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on considering 
appropriate handling of feedback from public stakeholders 
on policy matters. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses and phone numbers could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to harassment 
and annoyance in conducting their official duties.   
30. 
Pages 226-
231 
Email chain starting on 2/1/21 
from the Director of the 
American Federation of 
Teachers (AFT) to EOP 
Covid Response Team 
Testing Coordinator, et al., 
and ending on 2/12/21 with an 
email from the CDC Director 
to CDC Division Director 
Content in body of email 
chain discussing timing 
of potential release of 
guidance, providing draft 
language for school 
reopening guidance, and 
deliberations and 
questions regarding 
stakeholder feedback on 
upcoming CDC guidance 
 
Phone number and EOP 
email addresses  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion of draft 
language for draft guidance.  Release would compromise 
the deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on intra and inter-agency communications 
and reduce the ability of agency officials to deliberate in a 
meaningful manner on considerations for inclusion in and 
specific presentation and language of policy guidance. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses and phone numbers could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to harassment 
and annoyance in conducting their official duties.   
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 17 of 130

 
Vaughn I 
Page 18 of 36 
 
31. 
Page 232 
Email chain starting on 2/1/21 
from AFT Director to EOP 
Covid Response Team 
Testing Coordinator, et al., 
and ending on 2/2/21 with an 
email from CDC CoS to CDC 
Director’s Executive Assistant  
EOP email addresses  
Exemption (b)(6), Personal Privacy Interests: Release of 
EOP email addresses could reasonably be expected to 
constitute an unwarranted invasion of personal privacy by 
subjecting personnel to harassment and annoyance in 
conducting their official duties.   
32. 
Pages 234-
237 
Email chain starting with an 
email dated 1/20/21 from 
EOP Policy Advisor to CDC 
Director, and ending on 
1/21/21 with an email from 
CDC CoS to EOP Policy 
Advisor 
 
  
Discussion in the body 
of the email regarding 
interagency coordination 
and draft materials 
relating to potential 
school and other 
protocols 
 
EOP email addresses and 
phone numbers 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion regarding 
potential interagency coordination, commentary on draft 
materials, recommendations for individuals to participate 
in discussions about potential coordination, information 
regarding interagency partners who are considering 
coordination, and titles of circulated draft documents.  The 
release of this internal information would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on policy 
between staff members.  This would result in a chilling 
effect on intra- and inter-agency communications and 
reduce the ability of agency officials and their 
counterparts to deliberate in a meaningful and 
collaborative manner on coordination of potential policies 
and review processes. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
EOP email addresses and phone numbers could 
reasonably be expected to constitute an unwarranted 
invasion of personal privacy by subjecting personnel to 
harassment and annoyance in conducting their official 
duties. 
33. 
Pages 238-
239 
Email chain starting on 
2/11/21 from the CDC 
Content in the body of 
the emails discussing 
Exemption (b)(5), Deliberative Process Privilege: redacted 
material consists of potential coordination regarding 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 18 of 130

 
Vaughn I 
Page 19 of 36 
 
Director of the Washington 
Office to CDC Health Policy 
& Issues Mgmt., and ending 
on 2/11/21 with an email from 
CDC Director of the 
Washington Office to CDC 
Health Policy & Issues Mgmt.  
what topics should be 
included on an upcoming 
meeting 
 
Phone number of the 
Director 
school guidance.  Release would compromise the 
deliberative process of the agency in administrative 
matters regarding open, frank discussions on matters of 
policy between staff members. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
phone numbers could reasonably be expected to constitute 
an unwarranted invasion of personal privacy by subjecting 
personnel to harassment and annoyance in conducting 
their official duties. 
 
34. 
Pages 240-
242 
Email chain starting on 
1/31/21 from EOP Special 
Asst. to the President for 
Education to the NEA, and 
ending on 2/1/21 with an 
email from CDC CoS to the 
CDC Director’s Executive 
Assistant 
EOP email addresses  
Exemption (b)(6), Personal Privacy Interests: Release of 
EOP email addresses could reasonably be expected to 
constitute an unwarranted invasion of personal privacy by 
subjecting personnel to harassment and annoyance in 
conducting their official duties. 
 
35. 
Pages 243-
245 
Email chain starting on 
1/31/21 from EOP Special 
Asst. to the President for 
Education to the NEA and 
ended on 2/1/21 with an email 
from CDC CoS to the CDC 
Director’s Executive Assistant 
EOP email addresses  
Exemption (b)(6), Personal Privacy Interests: Release of 
EOP email addresses could reasonably be expected to 
constitute an unwarranted invasion of personal privacy by 
subjecting personnel to harassment and annoyance in 
conducting their official duties. 
 
36. 
Pages 246-
249 
Email chain starting on 
1/31/21 from EOP Special 
Asst. to the President for 
Education to the NEA, and 
ended on 2/1/21 with an email 
EOP email addresses, 
phone numbers, meeting 
IDs, and passcodes for a 
conference line 
Exemption (b)(6), Personal Privacy Interests: Release of 
EOP email addresses, phone numbers, meeting ID’s, and 
passcodes could reasonably be expected to constitute an 
unwarranted invasion of personal privacy by subjecting 
personnel to harassment and annoyance in conducting 
their official duties. 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 19 of 130

 
Vaughn I 
Page 20 of 36 
 
from CDC CoS to the CDC 
Director’s Executive Assistant  
 
37. 
Pages 250-
252 
Email chain starting on 
1/22/21 from CDC Principal 
Deputy Incident Manager to 
HHS CoS, and ending on 
1/23/21 with an email from 
CDC CoS to CDC Acting 
Associate Director for 
Communication et al. 
Content in the body of 
the emails contains 
summaries on draft 
guidance documents that 
were planning to be 
posted. Additional 
discussion on what needs 
to be done prior to 
posting 
 
Principal Deputy 
Incident Manager’s cell 
number  
Exemption (b)(5), Deliberative Process Privilege: redacted 
material consists of deliberative discussion on strategic 
plans regarding the upcoming posting of documents. 
Release would compromise the deliberative process of the 
agency in administrative matters regarding open, frank 
discussions as it relates to policy-making between staff. 
This would result in a chilling effect on intra- and inter-
agency communications and reduce the ability of agency 
officials to deliberate in a meaningful manner on methods 
of and strategies for communicating with the public on 
pending agency policies. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
phone numbers could reasonably be expected to constitute 
an unwarranted invasion of personal privacy by subjecting 
personnel to harassment and annoyance in conducting 
their official duties. 
 
38. 
Pages 253-
256 
Email chain starting on 
1/22/21 from CDC Principal 
Deputy Incident Manager to 
HHS CoS, and ending on 
1/27/21 with an email from 
CDC CoS to CDC Principal 
Deputy Incident Manager and 
CDC Division Director 
Content in the body of 
the emails contains 
summaries on draft 
guidance documents that 
were planning to be 
posted. Additional 
discussion on what needs 
to be done prior to 
posting 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
material consists of deliberative discussion on strategic 
plans regarding the upcoming posting of documents. 
Release would compromise the deliberative process of the 
agency in administrative matters regarding open, frank 
discussions as it relates to policy-making between staff. 
This would result in a chilling effect on intra- and inter-
agency communications and reduce the ability of agency 
officials to deliberate in a meaningful manner on methods 
of and strategies for communicating with the public on 
pending agency policies. 
 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 20 of 130

 
Vaughn I 
Page 21 of 36 
 
39. 
Pages 257-
260 
 
Email chain starting with an 
email dated 2/8/21 from the 
EOP Associate Director of 
Public Engagement to CDC 
CoS and ending 2/10/21 with 
an email from the CDC CoS 
to EOP Associate Director of 
Public Engagement et al. 
Discussion in the body 
of the email relating to 
school reopening and 
potential guidance 
rollout 
 
EOP email addresses, 
phone numbers, and a 
personal medical 
comment related to covid 
were held 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion regarding date 
of potential guidance rollout.  The release of this internal 
information would compromise the deliberative process of 
the agency in administrative matters requiring open, frank 
discussions on policy between staff members.  This would 
result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for communicating and engaging with the 
public and interested parties on pending agency policies 
and on strategies for releasing pending policies. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses and phone numbers could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to 
harassment and annoyance in conducting their official 
duties.  Additionally, disclosure of private medical 
information is an unwarranted invasion of privacy.  
40. 
Pages 261-
265 
Email chain starting with an 
email dated 2/8/21 from the 
EOP Associate Director of 
Public Engagement to CDC 
CoS and ending 2/9/21 with 
an email from the CDC CoS 
to CDC Acting Associate 
Director for Communication 
Discussion in the body 
of the email relating to 
school reopening and 
potential guidance 
rollout 
 
EOP email addresses, 
phone numbers 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion regarding date 
of potential guidance rollout and planning for stakeholder 
and congressional outreach.  The release of this internal 
information would compromise the deliberative process of 
the agency in administrative matters requiring open, frank 
discussions on policy between staff members.  This would 
result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for communicating and engaging with the 
public and interested parties on pending agency policies. 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 21 of 130

 
Vaughn I 
Page 22 of 36 
 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses and phone numbers could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to 
harassment and annoyance in conducting their official 
duties.   
41. 
Pages 266-
267 
Email chain starting with an 
email dated 2/8/21 from the 
EOP Associate Director of 
Public Engagement to CDC 
CoS and ending 2/9/21 with 
an email from the CDC 
Director to CDC CoS  
Discussion in the body 
of the email relating to 
school reopening and 
potential guidance 
rollout 
 
EOP email addresses, 
phone numbers 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion regarding date 
of potential guidance rollout and planning for stakeholder 
outreach.  The release of this internal information would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on policy between staff members.  This would result in a 
chilling effect on intra- and inter-agency communications 
and reduce the ability of agency officials to deliberate in a 
meaningful manner on methods of and strategies for 
communicating and engaging with the public and 
interested parties on pending agency policies. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses and phone numbers could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to 
harassment and annoyance in conducting their official 
duties.   
42. 
Pages 268-
270 
Email chain starting with an 
email dated 2/8/21 from the 
EOP Associate Director of 
Public Engagement to CDC 
CoS and ending 2/9/21 with 
an email from the CDC CoS 
Discussion in the body 
of the email relating to 
school reopening and 
potential guidance 
rollout 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion regarding date 
of potential guidance rollout.  The release of this internal 
information would compromise the deliberative process of 
the agency in administrative matters requiring open, frank 
discussions on policy between staff members.  This would 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 22 of 130

 
Vaughn I 
Page 23 of 36 
 
to CDC Director’s Executive 
Assistant  
EOP email addresses, 
phone numbers 
result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for communicating and engaging with the 
public and interested parties on pending agency policies. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses and phone numbers could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to 
harassment and annoyance in conducting their official 
duties.   
43. 
Pages 271-
272 
Email chain starting on 
1/28/21 from CDC CoS to 
CDC Division Director and 
ending with an email on 
1/29/21 from CDC CoS to 
CDC Division Director and 
CDC’s Principal Deputy 
Incident Manager 
Content in the body of 
emails that summarizes 
feedback from 
stakeholders, the edits 
made to the draft school 
guidance document, and 
discussion as to the next 
steps that should be 
completed prior to its 
release.  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of edits made to a draft during the 
decision-making process. Release would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on agency communications and hinder the 
ability of agency officials to deliberate in a candid and 
meaningful manner on policy considerations. 
44. 
Pages 273-
275 
Email chain starting on 
2/11/21 from CDC Analyst to 
CDC Director of the 
Washington Office, et al., and 
ended on 2/12/21 with an 
email from the CDC Director 
of the Washington Office to 
Deputy Director of 
Washington office, et al. 
Content in the body of 
the emails consists of a 
draft Capitol Hill 
announcement with edits 
 
Internal conference line 
with passcode  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of edits made to a draft Capitol Hill 
announcement on school reopening. Release would 
compromise the deliberative process of the agency in 
administrative matters regarding open, frank discussions 
on matters of policy between staff. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
phone number and passcode would be an unwarranted 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 23 of 130

 
Vaughn I 
Page 24 of 36 
 
invasion of privacy for future staff teleconferences and 
communications. 
45. 
Pages 276-
278 
Email chain starting on 
2/11/21 from CDC Analyst to 
CDC Director of the 
Washington Office, et al., and 
ended on 2/12/21 with an 
email from the CDC Director 
of the Washington Office to 
CDC Deputy Director of the 
Washington Office, et al. 
Content in the body of 
the emails consists of a 
draft Capitol Hill 
announcement with edits 
 
Internal conference line 
with passcode  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of edits made to a draft Capitol Hill 
announcement on school reopening. Release would 
compromise the deliberative process of the agency in 
administrative matters regarding open, frank discussions 
on matters of policy between staff. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
phone number and passcode would be an unwarranted 
invasion of privacy for future staff teleconferences and 
communications. 
46. 
Pages 287-
288 
Email chain starting 2/20/21 
from CDC Acting Associate 
Director for Communication 
to CDC Director, CoS, 
Principal Deputy Director and 
Division Director, and ending 
on 2/20/21 with an email from 
CDC Director to CDC Acting 
Associate Director for 
Communication, et al. 
Content in the body of 
the email consists of 
thoughts and suggestions 
on a draft MMWR 
related to school and 
COVID-19. 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of thoughts and suggestions on a draft 
MMWR. Release would compromise the deliberative 
process of the agency in administrative matters regarding 
open, frank discussions on matters of policy between staff.  
This would result in a chilling effect on agency 
communications and hinder the ability of agency officials 
to deliberate in a candid and meaningful manner on policy 
considerations. 
 
47. 
Pages 289-
291 
Email chain starting on 
1/22/21 from EOP Policy 
Advisor to a CDC Branch 
Chief, et al., and ending on 
1/22/21 with an email from 
CDC CoS to CDC Branch 
Chief, et al. 
Content in body of email 
discussing Department 
of Education COVID-19 
response and planning 
for release and 
coordination of guidance 
package 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion regarding 
Department of Education draft guidance and potential 
release dates and coordination of guidance package.  The 
release of this internal information would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on intra- and inter-agency communications 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 24 of 130

 
Vaughn I 
Page 25 of 36 
 
EOP email addresses and 
phone numbers 
 
and reduce the ability of agency officials and their 
counterparts to deliberate in a meaningful and 
collaborative manner on coordination of potential policies 
and review processes. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses and phone numbers could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to harassment 
and annoyance in conducting their official duties. 
 
48. 
Pages 292-
295 
Email chain starting 2/1/21 
from CDC Acting Associate 
Director for Communication 
to CDC Director, and ending 
on 2/2/21 with an email from 
CDC Director to CDC CoS, et 
al. 
Content in body of email 
consist of 
recommendations on 
remarks that should be 
given at an upcoming 
White House Governors 
meeting 
Exemption (b)(5), Deliberative Process Privilege: redacted 
material consists of opinions and recommendation for 
remarks that should be made during White House 
Governors meeting. The release of this internal 
information would compromise the deliberative process of 
the agency in administrative matters requiring open, frank 
discussions on matters of policy between staff members.  
This would result in a chilling effect on intra- and inter-
agency communications and reduce the ability of agency 
officials to deliberate in a meaningful manner on methods 
of and strategies for communicating and engaging with 
the public and interested parties on pending agency 
policies, including pre-decisional deliberations on 
appropriate responses to inquiries from those parties. 
49. 
Pages 296-
299 
Email chain starting 2/1/21 
from CDC Acting Associate 
Director for Communication 
to CDC Director, and ending 
on 2/2/21 with an email from 
CDC CoS to a CDC Public 
Health Analyst 
Content in body of email 
consist of 
recommendations on 
remarks that should be 
given at an upcoming 
White House Governors 
meeting 
Exemption (b)(5), Deliberative Process Privilege: redacted 
material consists of opinions and recommendation for 
remarks that should be made during White House 
Governors meeting. The release of this internal 
information would compromise the deliberative process of 
the agency in administrative matters requiring open, frank 
discussions on matters of policy between staff members.  
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 25 of 130

 
Vaughn I 
Page 26 of 36 
 
This would result in a chilling effect on intra- and inter-
agency communications and reduce the ability of agency 
officials to deliberate in a meaningful manner on methods 
of and strategies for communicating and engaging with 
the public and interested parties on pending agency 
policies, including pre-decisional deliberations on 
appropriate responses to inquiries from those parties. 
50. 
Pages 300-
302 
Email chain starting on 
2/18/21 from CDC Director of 
the Washington Office, and 
ending on 2/18/21 with an 
email from CDC Director to 
CDC Director of the 
Washington Office 
Content in body of email 
consist of what should be 
included as a topic of 
conversation on a call 
with Senator Brown 
 
Director’s phone number 
Exemption (b)(5), Deliberative Process Privilege: redacted 
material consists of a recommendation for congressional 
relations. The release of this internal information would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for communicating and engaging with the 
public and interested parties on pending agency policies 
and relationships with government partners. 
   
Exemption (b)(6), Personal Privacy Interests: Release of 
phone numbers could reasonably be expected to constitute 
an unwarranted invasion of personal privacy by subjecting 
personnel to harassment and annoyance in conducting 
their official duties. 
 
51. 
Pages 305-
306 
Email chain starting on 2/7/21 
from CDC CoS to CDC 
Director, and ending on 
2/7/21 with an email from 
CDC CoS to CDC Director 
Content in the body of 
the email consist of edits 
to a draft email and a 
personal comment from 
the Director 
Exemption (b)(5), Deliberative Process Privilege: redacted 
material consists of comments and opinions on a draft 
email.  The release of this internal information would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.   
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 26 of 130

 
Vaughn I 
Page 27 of 36 
 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
information could reasonably be expected to constitute an 
unwarranted invasion of personal privacy. Personal 
comment does not relate to Director’s official duties and 
there is no public interest in its release. 
52. 
Pages 307-
308 
Email chain starting 2/5/21 
from a CDC Analyst to the 
CDC Director and ending 
2/6/21 with an email from 
CDC CoS to CDC Principal 
Deputy Director 
Content in the body of 
the email contains list of 
priority items 
Exemption (b)(5), Deliberative Process Privilege: redacted 
material consists of priority list pertaining to agency 
priority items for discussion. The release of this internal 
information would compromise the deliberative process of 
the agency in administrative matters requiring open, frank 
discussions on matters of policy between staff members.   
 
53. 
Page 310 
Email chain starting on 
2/12/21 from EOP Special 
Asst. to the President to EOP 
Policy Advisor, et al., and 
ending on 2/12/21 with an 
email from CDC Director 
Washington Office to EOP 
Special Asst. to the President 
EOP email addresses  
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses could reasonably be expected to 
constitute an unwarranted invasion of personal privacy by 
subjecting personnel to harassment and annoyance in 
conducting their official duties. 
 
54. 
Pages 313-
314 
Email chain starting on 
2/14/21 from CDC Division 
Director to CDC Acting 
Associate Director for 
Communication, et al., and 
ending on 2/14/21 with an 
email from CDC Director to 
CDC Acting Associate 
Director for Communication 
Content in the body of 
the email consists of 
draft tweets undergoing 
clearance prior to being 
made public 
Exemption (b)(5), Deliberative Process Privilege: redacted 
material consists of draft tweets summarizing media 
interview given by the Director. The release of this 
internal information would compromise the deliberative 
process of the agency in administrative matters requiring 
open, frank discussions on matters of policy between staff 
members.  This would result in a chilling effect on intra- 
and inter-agency communications and reduce the ability 
of agency officials to deliberate in a meaningful manner 
on methods of and strategies for communicating and 
engaging with the public and interested parties on pending 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 27 of 130

 
Vaughn I 
Page 28 of 36 
 
agency policies, including pre-decisional deliberations on 
appropriate responses to inquiries from those parties. 
 
55. 
Pages 315-
317 
Email chain starting on 
2/10/21 from CDC Analyst to 
CDC Business Officer, cc’d 
Director of Washington 
Office, et al., and ending on 
2/10/21 with an email from 
the CDC Director of the 
Washington Office to CDC 
Analyst 
Content in the body of 
the email consists of 
proposed joint outreach 
plans for school 
guidance release 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative 
discussions regarding considerations, recommendations, 
strategies, and planning for joint congressional outreach 
on safe school operating rollout.  The release of this 
internal information would compromise the deliberative 
process of the agency in administrative matters requiring 
open, frank discussions on matters of decision-making and 
policy between staff members.  This would result in a 
chilling effect on intra- and inter-agency communications 
and reduce the ability of agency officials to deliberate in a 
meaningful manner on methods of and strategies for 
communicating with the public and interested parties on 
pending agency policies. 
56. 
Pages 318-
321 
Email chain starting on 
2/10/21 from CDC Analyst to 
Department of Education 
(ED) Legislative Director and 
ending on 2/11/21 with an 
email from the CDC Director 
of the Washington Office to 
CDC Analyst, et al. 
Content in the body of 
the email consists of 
proposed joint outreach 
plans for school 
guidance release 
 
Phone number of 
Legislative Director 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative 
discussions regarding considerations, recommendations, 
strategies, and planning for joint congressional outreach 
on safe school operating rollout.  The release of this 
internal information would compromise the deliberative 
process of the agency in administrative matters requiring 
open, frank discussions on matters of decision-making and 
policy between staff members.  This would result in a 
chilling effect on intra- and inter-agency communications 
and reduce the ability of agency officials to deliberate in a 
meaningful manner on methods of and strategies for 
communicating with the public and interested parties on 
pending agency policies. 
 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 28 of 130

 
Vaughn I 
Page 29 of 36 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
phone numbers could reasonably be expected to constitute 
an unwarranted invasion of personal privacy by subjecting 
personnel to harassment and annoyance in conducting 
their official duties. 
57. 
Pages 322-
326 
Email chain starting on 
2/10/21 from CDC analyst to 
ED Legislative Director and 
ending on 2/11/21 with an 
email from the CDC Director 
of the Washington Office to 
Deputy Director of the 
Washington Office, et al. 
Content in the body of 
the email consists of 
proposed joint outreach 
plans for school 
guidance release 
 
Phone number of 
Legislative Director 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative 
discussions regarding considerations and 
recommendations for media and stakeholder 
communications and strategies and planning for 
congressional outreach on safe school operating rollout.  
The release of this internal information would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of decision-making and policy between staff 
members.  This would result in a chilling effect on intra- 
and inter-agency communications and reduce the ability 
of agency officials to deliberate in a meaningful manner 
on methods of and strategies for communicating with the 
public and interested parties on pending agency policies. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
phone numbers could reasonably be expected to constitute 
an unwarranted invasion of personal privacy by subjecting 
personnel to harassment and annoyance in conducting 
their official duties. 
58. 
Pages 327-
328 
Email chain starting on 2/1/21 
from CDC Acting Associate 
Director for Communication 
to CDC Director and ending 
on 2/2/21 with an email from 
CDC Director to CDC Acting 
Content in the body of 
the emails contains 
recommendations on 
remarks that should be 
given at an upcoming 
Exemption (b)(5), Deliberative Process Privilege: redacted 
material consists of opinions and recommendation for 
remarks that should be made during White House 
Governors meeting. Release would compromise the 
deliberative process of the agency in administrative 
matters regarding open, frank discussions on matters of 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 29 of 130

 
Vaughn I 
Page 30 of 36 
 
Associate Director for 
Communication 
White House Governors 
meeting 
policy between staff.  This would result in a chilling effect 
on intra- and inter-agency communications and reduce the 
ability of agency officials to deliberate in a meaningful 
manner on methods of and strategies for communicating 
and engaging with the public and interested parties on 
pending agency policies, including pre-decisional 
deliberations on appropriate responses to inquiries from 
those parties. 
 
59. 
Pages 331-
332 
Email chain starting on 2/1/21 
from CDC Acting Associate 
Director for Communication 
to CDC Director and ending 
on 2/2/21 with an email from 
CDC Director to CDC Acting 
Associate Director for 
Communication 
Content in the body of 
emails consist of 
recommendations on 
remarks that should be 
given at an upcoming 
White House Governors 
meeting 
Exemption (b)(5), Deliberative Process Privilege: redacted 
material consists of opinions and recommendation for 
remarks that should be made during White House 
Governors meeting. Release would compromise the 
deliberative process of the agency in administrative 
matters regarding open, frank discussions on matters of 
policy between staff.  This would result in a chilling effect 
on intra- and inter-agency communications and reduce the 
ability of agency officials to deliberate in a meaningful 
manner on methods of and strategies for communicating 
and engaging with the public and interested parties on 
pending agency policies, including pre-decisional 
deliberations on appropriate responses to inquiries from 
those parties. 
 
60. 
Pages 333-
335 
Email chain starting on 2/1/21 
from AFT Director to EOP 
Covid Response Team 
Testing Coordinator, et al., 
and ending 2/7/21 with an 
email from CDC CoS to CDC 
Director’s Executive 
Assistant, et al. 
EOP email addresses  
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses could reasonably be expected to 
constitute an unwarranted invasion of personal privacy by 
subjecting personnel to harassment and annoyance in 
conducting their official duties. 
 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 30 of 130

 
Vaughn I 
Page 31 of 36 
 
61. 
Pages 336-
338 
Email chain starting on 2/1/21 
from AFT Director to EOP 
Covid Response Team 
Testing Coordinator, et al., 
and ending 2/7/21 with an 
email from CDC Director to 
CDC Director’s Executive 
Assistant, et al. 
EOP email addresses  
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses could reasonably be expected to 
constitute an unwarranted invasion of personal privacy by 
subjecting personnel to harassment and annoyance in 
conducting their official duties. 
 
62. 
Pages 341-
343 
Email chain starting on 
2/14/21 from CDC Acting 
Associate Director for 
Communication to CDC 
Director and ending on 
2/14/21 with an email from 
CDC Director to CDC Acting 
Associate Director for 
Communication 
Content in the body of 
email consist of edits to 
draft tweets regarding 
school guidance. 
Exemption (b)(5), Deliberative Process Privilege: redacted 
material consists of draft tweets summarizing media 
interview given by the Director. The release of this 
internal information would compromise the deliberative 
process of the agency in administrative matters requiring 
open, frank discussions on matters of policy between staff 
members.  This would result in a chilling effect on intra- 
and inter-agency communications and reduce the ability 
of agency officials to deliberate in a meaningful manner 
on methods of and strategies for communicating and 
engaging with the public and interested parties on pending 
agency policies, including pre-decisional deliberations on 
appropriate responses to inquiries from those parties. 
63. 
Pages 344-
345 
Email chain starting on 
1/28/21 from CDC CoS to 
CDC Director, et al., and 
ending on 1/30/21 with an 
email from CDC CoS to HHS 
CoS, et al. 
Content in the body of 
the email consists of 
discussion on updates 
and edits to draft school 
guidance and planning 
for potential guidance 
rollout and when rollout 
might occur.  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative 
discussion regarding updates to draft guidance, planning 
for rollout of draft guidance, and potential dates for rollout 
of draft guidance.  The release of this internal information 
would compromise the deliberative process of the agency 
in administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 31 of 130

 
Vaughn I 
Page 32 of 36 
 
strategies for communicating and engaging with the 
public and interested parties on pending agency policies.  
In addition, release would result in a chilling effect on 
intra and inter-agency communications and reduce the 
ability of agency officials to deliberate in a meaningful 
manner on considerations for inclusion in and specific 
presentation and language of policy guidance. 
64. 
Pages 346-
347 
Email chain starting on 2/2/21 
from the NEA to EOP Policy 
Advisor for Testing in Covid-
19 Response Team and 
ending on 2/3/21 with an 
email from CDC CoS to CDC 
Director 
Content of email chain 
includes discussion of 
draft agenda items for 
meeting regarding draft 
school guidance 
 
EOP email addresses 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
agenda items used for meeting planning and potential 
guidance rollout.  The release of this internal information 
would compromise the deliberative process of the agency 
in administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for communicating and engaging with the 
public and interested parties on pending agency policies.   
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses could reasonably be expected to 
constitute an unwarranted invasion of personal privacy by 
subjecting personnel to harassment and annoyance in 
conducting their official duties. 
65. 
Pages 349-
351 
Email chain starting on 
2/13/21 from CDC Deputy 
Chief to CDC Director and 
ending on 2/14/21 with an 
email from CDC Director to 
CDC Deputy Chief 
Content in the body of 
the email contains 
preparation material for 
upcoming interviews on 
school guidance 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of updates to a memo and draft talking 
points for upcoming interviews. The release of this 
internal information would compromise the deliberative 
process of the agency in administrative matters requiring 
open, frank discussions on matters of policy between staff 
members. This would result in a chilling effect on intra- 
and inter-agency communications and reduce the ability 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 32 of 130

 
Vaughn I 
Page 33 of 36 
 
of agency officials to deliberate in a meaningful manner 
on methods of and strategies for communicating and 
engaging with the public and interested parties on pending 
agency policies. 
66. 
Page 352 
Email chain starting on 
1/31/21 from CDC Acting 
Associate Director for 
Communication to CDC 
Director and ending on 
1/31/21 with an email from 
CDC CoS to CDC Acting 
Associate Director and CDC 
Director 
Content in the body of 
the email contains 
discussion school 
guidance rollout, and 
content of a draft 
MMWR 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion regarding the 
school rollout and a draft MMWR.  The release of this 
internal information would compromise the deliberative 
process of the agency in administrative matters requiring 
open, frank discussions on matters of policy between staff 
members.  This would result in a chilling effect on agency 
communications and hinder the ability of agency officials 
to deliberate in a candid and meaningful manner on policy 
considerations. 
67. 
Pages 353-
354 
Email chain starting on 
2/18/21 from CDC Director to 
CDC Division Director et al., 
and ending on 2/21/21 with an 
email from CDC Director to 
CDC Division Director, et al.  
Content in the body of 
the email contains 
summary and comments 
of a pending MMWR on 
schools and COVID-19, 
and discussion about the 
interpretation of data on 
schools and COVID-19 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion regarding a 
draft MMWR and interpreting data.  The release of this 
internal information would compromise the deliberative 
process of the agency in administrative matters requiring 
open, frank discussions on matters of policy between staff 
members.  This would result in a chilling effect on agency 
communications and hinder the ability of agency officials 
to deliberate in a candid and meaningful manner on policy 
considerations. 
68. 
Page 355 
Email chain starting on 
2/11/21 from CDC CoS to 
CDC Director and CDC 
Division Director and ending 
on 2/11/21 with an email from 
CDC CoS to CDC Director 
and CDC Division Director  
Content in the body 
consists of edits to a 
document on school 
reopening  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist recommended changes to a draft 
document. The release of this internal information would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.   
 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 33 of 130

 
Vaughn I 
Page 34 of 36 
 
69. 
Page 356 
Email chain beginning and 
ending on 2/20/21 with an 
email from Director of 
National Institute of Allergy 
and Infectious Diseases 
(NIAID) to CDC Director and 
ending with an email from 
CDC Director to NIAID 
Director 
NIAID email addresses 
and phone numbers of 
high-ranking officials 
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses and phone numbers could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to 
harassment and annoyance in conducting their official 
duties. 
 
70. 
Pages 361-
398 
Draft records attached to 
email sent on 2/11/2021 from 
CDC’s Chief of Staff (CoS) 
To: HHS Chief of Staff for 
COVID Response, HHS Asst. 
Sec. for Preparedness and 
Response, Cc’d CDC 
Director, CDC Principal 
Deputy Director, Principal 
Deputy Incident Manager 
CDC COVID-19 Emergency 
Response, Incident Manager 
CDC COVID-19 Emergency 
Response 
Draft copy of Science 
Brief: Transmission of 
SARS-CoV-2 in K-12 
schools and draft copy of 
Guidance for Operating 
Childcare Programs 
during COVID-19 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional drafts with comment 
bubbles recommending changes, notes, and highlighted 
text. Release would compromise the deliberative process 
of the agency in administrative matters regarding open, 
frank discussions on matters of policy.  This would result 
in a chilling effect on agency communications and hinder 
the ability of agency officials to deliberate in a candid and 
meaningful manner on policy considerations. 
 
71. 
Page 399 
Email starting on 2/3/21 from 
CDC Acting Associate 
Director for Communication 
to CDC Director and ending 
on 2/4/21 with an email from 
CDC Director to Acting 
Associate Director for 
Communication  
Withheld material 
consist of personal 
comment from the 
director 
Exemption (b)(6), Personal Privacy Interests: Release of 
information could reasonably be expected to constitute an 
unwarranted invasion of personal privacy. Personal 
comment does not relate to Director’s official duties and 
there is no public interest in its release. 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 34 of 130

 
Vaughn I 
Page 35 of 36 
 
72. 
Pages 402-
403 
Email chain starting on 2/6/21 
from CDC Division Director 
CDC Director and ending on 
2/6/21 with an email from 
CDC Director to CDC 
Division Director 
Contents of email chain 
consist of discussion of 
preparation and drafting 
of briefing materials for 
President on school 
opening questions 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion of preparing 
materials to brief the President.  Release would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on specific 
presentation of information under policy consideration. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of deliberative discussion of 
preparing materials to brief the President.  Redacted 
material reveals information the President and his advisers 
asked for and received.  Release would reveal internal 
discussions and strategy on how to conduct daily business 
and would compromise the President’s ability to receive 
candid and informed opinions from his advisers. 
73. 
Pages 404-
406 
Email chain starting on 
2/20/21 from Acting 
Associate Director for 
Communication to the CDC 
Director and ending on 
2/21/21 with an email from 
the CDC Director to Acting 
Associate Director for 
Communication, et al. 
Content in the body of 
the email consists of 
draft MMWR language, 
inquiries, and thoughts 
on a draft MMWR, and a 
WH press briefing script  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of edits to a script for an upcoming press 
brief. Release of draft scripts could lead to public 
confusion as to the agency’s actual position. The release 
of this internal information would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on intra- and inter-agency communications 
and reduce the ability of agency officials to deliberate in a 
meaningful manner on methods of and strategies for 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 35 of 130

 
Vaughn I 
Page 36 of 36 
 
communicating and engaging with the public and 
interested parties on pending agency policies. 
 
74. 
Page. 411  
Email on 2/11/21 from CDC 
CoS to CDC Director and 
Division Director  
Content in the body 
consists of edits to a 
document on school 
reopening  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist recommended changes to a draft 
document. The release of this internal information would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.   
 
75. 
Page 412 
Email on 2/7/21 from CDC 
CoS to CDC IMAC Director 
Content in the body of 
the email consist of edits 
to a draft email 
Exemption (b)(5), Deliberative Process Privilege: redacted 
material consists of comments and opinions on a draft 
email.  The release of this internal information would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.   
76. 
Page 414 
Email on 2/18/21 from CDC 
Director Washington Office 
Phone number 
Exemption (b)(6), Personal Privacy Interests: Release of 
phone number could reasonably be expected to constitute 
an unwarranted invasion of personal privacy by subjecting 
personnel to harassment and annoyance in conducting 
their official duties. 
 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 36 of 130

 
Vaughn II 
Page 1 of 41 
 
 
Vaughn Index of Information Withheld/Redacted from October 8, 2021 Release  
 
 
SUPPLEMENTAL RESPONSE 
 
Item 
 
Document  
 
Document Identification  
 
 
Description of 
Withheld Material 
 
Basis for Withholding 
1. 
Pages 1-2 
Email chain with attachment 
starting on 2/5/21 from EOP 
Covid Response Team 
Testing Coordinator to CDC 
Director, and ending on 
2/7/21 with an email from 
CDC CoS to EOP Covid 
Response Team Testing 
Coordinator, et al. 
 
Content of email chain 
consists of discussion of 
preparation and drafting 
of briefing materials for 
President on school 
opening questions 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion of preparing 
materials to brief the President.  Release would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on specific 
presentation of information under policy consideration. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of deliberative discussion of 
preparing materials to brief the President.  Redacted 
material reveals information the President and his advisers 
asked for and received.  Release would reveal internal 
discussions and strategy on how to conduct daily business 
and would compromise the President’s ability to receive 
candid and informed opinions from his advisers. 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 37 of 130

 
Vaughn II 
Page 2 of 41 
 
2 
Pages 3-20 
Attachment to email chain 
above dated February 5-7, 
2021 
Draft materials for 
briefing President on 
school opening 
questions, including draft 
talking points and draft 
question and answers 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
briefing materials, including redlined material, comment 
bubbles recommending changes, and highlighted text.  
Release would compromise the deliberative process of the 
agency in administrative matters requiring open, frank 
discussions on matters of policy between staff members.  
This would result in a chilling effect on intra and inter-
agency communications and reduce the ability of agency 
officials to deliberate in a meaningful manner for 
inclusion in and specific presentation and language of 
policy considerations. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of pre-decisional and 
deliberative draft briefing materials, including redlined 
material, comment bubbles recommending changes, and 
highlighted text.  Redacted material reveals information 
the President and his advisers asked for and received.  
Release would reveal internal discussions and strategy on 
how to conduct daily business and would compromise the 
President’s ability to receive candid and informed 
opinions from his advisers. 
 
3. 
Pages 21-23 
Email chain starting on 2/8/21 
from HHS Policy Coordinator 
to CDC Public Health Analyst 
and ending on 2/9/21 with an 
email from HHS Policy 
Coordinator to CDC Public 
Health Analyst  
Content in the body of 
the emails contains 
material related to 
CDC’s clearance process 
for the school guidance  
 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of internal clearance processes and 
discussions about potential interagency coordination. The 
release of this internal information would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on intra- and inter-agency communications 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 38 of 130

 
Vaughn II 
Page 3 of 41 
 
and reduce the ability of agency officials and their 
counterparts to deliberate in a meaningful and 
collaborative manner on coordination of potential policies 
and process for reviewing those policies.  
4. 
Pages 24-25 
Email dated 2/12/21 from 
CDC Acting Associate 
Director for Communication 
to CDC Director 
 
 
 
Content in the body of 
email contains talking 
points on MMWR 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion regarding 
talking points relating to a MMWR.  The release of this 
internal information would compromise the deliberative 
process of the agency in administrative matters requiring 
open, frank discussions on matters of policy between staff 
members.  This would result in a chilling effect on agency 
communications and hinder the ability of agency officials 
to deliberate in a candid and meaningful manner on policy 
considerations and could potentially cause confusion 
regarding what information ultimately was shared by the 
CDC Director. 
5. 
Pages 27-28 
Email chain starting on 
1/29/21 from CDC Principal 
Deputy Director to CDC 
Division Director, and ending 
on 1/29/21 with an email from 
CDC Division Director to 
CDC Principal Deputy 
Director 
Content in the body of 
emails that summarizes 
feedback from 
stakeholders, the edits 
made to the draft school 
guidance document  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of edits made to a draft during the 
decision-making process. Release would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on agency communications and hinder the 
ability of agency officials to deliberate in a candid and 
meaningful manner on policy considerations. 
6. 
Pages 31-33 
Email chain starting on 
2/10/21 from EOP Policy 
Advisor to EOP Covid 
Response Team Testing 
Coordinator, et al., and ending 
on 2/11/21 with an email from 
Withheld material 
consists of EOP email 
addresses, phone 
numbers, meeting ID’s, 
and passcodes for a 
conference call  
Exemption (b)(6), Personal Privacy Interests: Release of 
EOP email addresses, phone numbers, meeting ID’s, and 
passcodes could reasonably be expected to constitute an 
unwarranted invasion of personal privacy by subjecting 
personnel to harassment and annoyance in conducting 
their official duties. 
 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 39 of 130

 
Vaughn II 
Page 4 of 41 
 
CDC CoS to CDC Branch 
Chief 
7. 
Pages 35-60  
Email chain starting on 2/7/21 
from CDC Medical Officer to 
staff at John Hopkins 
University, cc’d CDC and 
HHS staff et al., and ending 
on 2/11/21 with an email from 
CDC Acting Associate 
Director for Communication 
to CDC Branch Chief 
Content in the body of 
emails contains 
comments, timing of 
edits, opinions, updates, 
and recommendations on 
a draft fact sheet for 
school guidance in 
addition to draft sections 
of guidance  
 
Cell phone numbers 
Exemption (b)(5), Deliberative Process Privilege, 
Consultant Corollary: redacted materials consist of edits 
made to a draft during the decision-making process by a 
consultant.  Although discussion and material were 
submitted by non-agency personnel, it was a part of the 
agency’s process of deliberation and qualifies as “intra-
agency.”  Release would compromise the deliberative 
process of the agency in administrative matters requiring 
open, frank discussions on matters of policy.  This would 
result in a chilling effect on agency communications and 
hinder the ability of the agency to deliberate in a candid 
and meaningful manner on policy considerations. 
 
Exemption (b)(5), Deliberative Process Privilege:  
redacted materials consist of opinions, thoughts, 
recommendations, comments, highlighted material for 
further consideration, and edits made to a draft during the 
decision-making process.  Release would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on intra and inter-agency communications 
and reduce the ability of agency officials to deliberate in a 
meaningful manner for inclusion in and specific 
presentation and language of policy considerations. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
personal cell phone numbers could reasonably be 
expected to constitute an unwarranted invasion of 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 40 of 130

 
Vaughn II 
Page 5 of 41 
 
personal privacy by subjecting personnel to harassment 
and annoyance in conducting their official duties. 
 
8. 
Pages 61-89 
Email chain starting on 2/7/21 
from CDC Medical Officer to 
staff at John Hopkins 
University, cc’d CDC and 
HHS staff et al., and ending 
on 2/11/21 with an email from 
CDC Brach Chief to CDC 
Acting Associate Director for 
Communication  
Content in the body of 
emails contains 
comments, timing of 
edits, opinions, updates, 
and recommendations on 
a draft fact sheet for 
school guidance in 
addition to draft sections 
of guidance  
 
Cell phone numbers 
Exemption (b)(5), Deliberative Process Privilege, 
Consultant Corollary: redacted materials consist of edits 
made to a draft during the decision-making process by a 
consultant.  Although discussion and material were 
submitted by non-agency personnel, it was a part of the 
agency’s process of deliberation and qualifies as “intra-
agency.”  Release would compromise the deliberative 
process of the agency in administrative matters requiring 
open, frank discussions on matters of policy.  This would 
result in a chilling effect on agency communications and 
hinder the ability of the agency to deliberate in a candid 
and meaningful manner on policy considerations. 
 
Exemption (b)(5), Deliberative Process Privilege:  
redacted materials consist of opinions, thoughts, 
recommendations, comments, highlighted material for 
further consideration, and edits made to a draft during the 
decision-making process.    Release would compromise 
the deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on intra and inter-agency communications 
and reduce the ability of agency officials to deliberate in a 
meaningful manner for inclusion in and specific 
presentation and language of policy considerations. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
personal cell phone numbers could reasonably be 
expected to constitute an unwarranted invasion of 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 41 of 130

 
Vaughn II 
Page 6 of 41 
 
personal privacy by subjecting personnel to harassment 
and annoyance in conducting their official duties. 
 
9. 
Pages 91-117 Email chain starting on 2/7/21 
from CDC Medical Officer to 
staff at John Hopkins 
University, cc’d CDC and 
HHS staff et al., and ending 
on 2/11/21 with an email from 
CDC Brach Chief to CDC 
Acting Associate Director for 
Communication  
Content in the body of 
emails contains 
comments, timing of 
edits, opinions, updates, 
and recommendations on 
a draft fact sheet for 
school guidance in 
addition to draft sections 
of guidance  
Cell phone numbers 
Exemption (b)(5), Deliberative Process Privilege, 
Consultant Corollary: redacted materials consist of edits 
made to a draft during the decision-making process by a 
consultant.  Although discussion and material were 
submitted by non-agency personnel, it was a part of the 
agency’s process of deliberation and qualifies as “intra-
agency.”  Release would compromise the deliberative 
process of the agency in administrative matters requiring 
open, frank discussions on matters of policy.  This would 
result in a chilling effect on agency communications and 
hinder the ability of the agency to deliberate in a candid 
and meaningful manner on policy considerations. 
 
Exemption (b)(5), Deliberative Process Privilege:  
redacted materials consist of opinions, thoughts, 
recommendations, comments, highlighted material for 
further consideration, and edits made to a draft during the 
decision-making process.    Release would compromise 
the deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on intra and inter-agency communications 
and reduce the ability of agency officials to deliberate in a 
meaningful manner for inclusion in and specific 
presentation and language of policy considerations. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
personal cell phone numbers could reasonably be 
expected to constitute an unwarranted invasion of 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 42 of 130

 
Vaughn II 
Page 7 of 41 
 
personal privacy by subjecting personnel to harassment 
and annoyance in conducting their official duties. 
 
10. 
Pages 118-
121 
Email chain starting on 
2/16/21 from the NEA to 
CDC Acting Associate 
Director for Communication 
and ending on 2/17/21 with an 
email from CDC Press Officer 
to CDC Acting Associate 
Director for Communication, 
et al. 
Content in the body of 
emails contains proposed 
answers to incoming 
inquiries.  
 
NEA phone numbers 
Exemption (b)(5), Deliberative Process Privilege: redacted 
material consists of opinions and draft remarks in 
response to inquiries. The release of this internal 
information would compromise the deliberative process of 
the agency in administrative matters requiring open, frank 
discussions on matters of policy between staff members.  
This would result in a chilling effect on intra- and inter-
agency communications and reduce the ability of agency 
officials to deliberate in a meaningful manner on methods 
of and strategies for communicating and engaging with 
the public and interested parties on pending agency 
policies, including pre-decisional deliberations on 
appropriate responses to inquiries from those parties.  
 
Exemption (b)(6), Personal Privacy Interests: Release of 
personal cell phone numbers could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to harassment 
and annoyance. 
11. 
Pages 123-
125 
Draft records attached to 
email sent on 2/7/21 from 
CDC Division Director to 
CDC Director  
Draft K-12 operational 
strategy fact sheet  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
materials with edits.  Release would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on agency communications and hinder the 
ability of agency officials to deliberate in a candid and 
meaningful manner on policy considerations. 
 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 43 of 130

 
Vaughn II 
Page 8 of 41 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of pre-decisional and 
deliberative draft briefing materials.  Redacted material 
reveals information the President and his advisers asked 
for and received.  Release would reveal internal 
discussions and strategy on how to conduct daily business 
and would compromise the President’s ability to receive 
candid and informed opinions from his advisers. 
12. 
Pages 127-
128 
Draft records attached to 
email sent on 2/7/21 from 
CDC Division Director to 
CDC Director 
Draft K-12 operation 
strategy fact sheet 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
materials with edits.  Release would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on agency communications and hinder the 
ability of agency officials to deliberate in a candid and 
meaningful manner on policy considerations. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of pre-decisional and 
deliberative draft briefing materials.  Redacted material 
reveals information the President and his advisers asked 
for and received.  Release would reveal internal 
discussions and strategy on how to conduct daily business 
and would compromise the President’s ability to receive 
candid and informed opinions from his advisers. 
13. 
Pages 203-
206 
Email with attachment sent on 
2/8/21 from CDC Acting 
Associate Director for 
Communication to CDC 
Deputy Director of 
Washington Office, et al.  
Content in the body of 
the email contains 
tentative plan for school 
reopening rollout 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of internal plans related to school rollout, 
and the draft document.  Release would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 44 of 130

 
Vaughn II 
Page 9 of 41 
 
Draft School Reopening 
Rollout 
chilling effect on agency communications and hinder the 
ability of agency officials to deliberate in a candid and 
meaningful manner on policy considerations. 
14. 
Pages 208-
210 
Draft records attached to 
email sent on 2/11/21 from 
CDC Acting Associate 
Director for Communication 
to CDC Director, CDC CoS, 
and CDC Principal Deputy 
Director 
Draft press release for 
school reopening rollout 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional drafts with comment 
bubbles recommending changes, notes, and highlighted 
text. Release of draft scripts could lead to public 
confusion as to the agency’s actual position. Release 
would compromise the deliberative process of the agency 
in administrative matters regarding open, frank 
discussions on matters of policy between staff.  This 
would result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for communicating and engaging with the 
public and interested parties on pending agency policies.  
15. 
Pages 211-
213 
Draft records attached to 
email sent on 2/10/21 from 
ED Deputy Asst. Sec. for 
Communications to CDC 
Acting Associate Director for 
Communication and HHS 
Deputy Asst. Sec. for Public 
Affairs 
Draft press release  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of a draft script for an upcoming press 
brief. Release of draft scripts could lead to public 
confusion as to the agency’s actual position. Release 
would compromise the deliberative process of the agency 
in administrative matters regarding open, frank 
discussions on matters of policy between staff.  This 
would result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for communicating and engaging with the 
public and interested parties on pending agency policies. 
16. 
Pages 216-
236 
Draft records attached to 
email sent on 2/3/21 from 
CDC CoS to CDC Division 
Director 
Draft PowerPoint slides 
on K-12 School 
Operational Strategy 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of a pre-decisional and deliberative draft 
document reflecting development of school opening 
guidance, including process undertaken and changes made 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 45 of 130

 
Vaughn II 
Page 10 of 41 
 
in response to recommendations and stakeholder 
engagement.  Release would compromise the deliberative 
process of the agency in administrative matters requiring 
open, frank discussions on matters of policy between staff 
members.  This would result in a chilling effect on agency 
communications and hinder the ability of agency officials 
to deliberate in a candid and meaningful manner on policy 
considerations. 
17. 
Pages 237-
307 
Email with attachment 
starting on 1/31/21 from CDC 
Branch Chief to CDC 
Division Director and ending 
on 2/1/21 with an email from 
CDC Division Director to 
CDC CoS 
Content in the body of 
email discussing edits 
made to the draft. 
 
Draft K-12 schools 
operation strategy  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of comments on and updates to draft 
documents and pre-decisional draft documents with 
comment bubbles recommending changes, notes, and 
highlighted text. Release would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on agency communications and hinder the 
ability of agency officials to deliberate in a candid and 
meaningful manner on policy considerations. 
18. 
Pages 308-
310  
Email chain with attachment 
starting on 2/5/21 from EOP 
Covid Response Team 
Testing Coordinator to CDC 
Director and ending on 2/7/21 
with an email from CDC 
Division Director to CDC 
Acting Associate Director for 
Communication 
Content of email chain 
consists of discussion of 
preparation and drafting 
of briefing materials for 
President on school 
opening questions 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion of preparing 
materials to brief the President.  Release would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on specific 
presentation of information under policy consideration. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of deliberative discussion of 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 46 of 130

 
Vaughn II 
Page 11 of 41 
 
preparing materials to brief the President.  Redacted 
material reveals information the President and his advisers 
asked for and received.  Release would reveal internal 
discussions and strategy on how to conduct daily business 
and would compromise the President’s ability to receive 
candid and informed opinions from his advisers. 
19. 
Pages 311-
328 
Attachment to email chain 
above dated February 5-7, 
2021 
Draft materials for 
briefing President on 
school opening 
questions, including draft 
talking points and draft 
question and answers 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
briefing materials, including redlined material, comment 
bubbles recommending changes, and highlighted text.  
Release would compromise the deliberative process of the 
agency in administrative matters requiring open, frank 
discussions on matters of policy between staff members.  
This would result in a chilling effect on intra and inter-
agency communications and reduce the ability of agency 
officials to deliberate in a meaningful manner for 
inclusion in and specific presentation and language of 
policy considerations. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of pre-decisional and 
deliberative draft briefing materials, including redlined 
material, comment bubbles recommending changes, and 
highlighted text.  Redacted material reveals information 
the President and his advisers asked for and received.  
Release would reveal internal discussions and strategy on 
how to conduct daily business and would compromise the 
President’s ability to receive candid and informed 
opinions from his advisers. 
 
 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 47 of 130

 
Vaughn II 
Page 12 of 41 
 
20. 
Pages 330-
331 
Draft records attached to 
email sent on 2/7/21 from 
CDC Division Director to 
CDC Acting Associate 
Director for Communication 
Draft K-12 Operation 
Strategy fact sheet 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
materials with edits.  Release would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on agency communications and hinder the 
ability of agency officials to deliberate in a candid and 
meaningful manner on policy considerations. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of pre-decisional and 
deliberative draft briefing materials, including redlined 
material, comment bubbles recommending changes, and 
highlighted text.  Redacted material reveals information 
the President and his advisers asked for and received.  
Release would reveal internal discussions and strategy on 
how to conduct daily business and would compromise the 
President’s ability to receive candid and informed 
opinions from his advisers. 
 
21. 
Pages 332-
358 
Email chain with attachment 
starting on 1/27/21 from CDC 
Branch Chief to CDC 
Principal Deputy Incident 
Manager, et al., and ending on 
1/27/21 with an email from 
CDC Division Director to 
CDC Principal Deputy 
Director  
Content in the body of 
the email discussing the 
main changes to the 
guidance 
 
Draft K-12 Schools 
Operation Strategy 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
materials with edits.  Release would compromise the 
 deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on agency communications and hinder the 
ability of agency officials to deliberate in a candid and 
meaningful manner on policy considerations. 
22. 
Page 359 
Email chain with attachment 
starting on 2/7/21 from ED 
Content of email chain 
includes comments and 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion regarding 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 48 of 130

 
Vaughn II 
Page 13 of 41 
 
Deputy Asst. Sec. for 
Communications to EOP 
Director of Strategic 
Communications and 
Engagement, Covid-19 
Response Team, et al., and 
ending on 2/8/21 with an 
email from CDC Acting 
Associate Director for 
Communication to CDC 
Branch Chief, et al. 
commentary for 
consideration on draft of 
messaging and planning 
for rollout of school 
reopening guidance 
comments and commentary for consideration on draft of 
messaging and planning for rollout of school reopening 
guidance.  The release of this internal information would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for communicating with the public on pending 
agency policies. 
23. 
Pages 360-
366 
Attachments to February 7-8, 
2021 email chain above 
Draft rollout documents 
for Department of 
Education school 
reopening and CDC 
school reopening, 
including draft talking 
points, question and 
answer, goals, strategies, 
messaging, and 
communications 
strategies 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
documents including comment bubbles with 
recommendations, redlined material, and highlighted 
material for consideration.  Release would compromise 
the deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on intra and inter-agency communications 
and reduce the ability of agency officials to deliberate in a 
meaningful manner on methods of and strategies for 
communicating with the public on pending agency 
policies. 
24. 
Page 367 
Email with attachment 
starting on 2/7/21 from ED 
Deputy Asst. Sec. for 
Communications to EOP 
Director of Strategic 
Communications and 
Engagement, Covid-19 
Response Team, et al., and 
EOP email addresses 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
EOP email addresses could reasonably be expected to 
constitute an unwarranted invasion of personal privacy by 
subjecting personnel to harassment and annoyance in 
conducting their official duties. 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 49 of 130

 
Vaughn II 
Page 14 of 41 
 
ending on 2/8/21 with an 
email from HHS CoS to CDC 
Acting Associate Director for 
Communication 
25. 
Pages 368-
371 
Attachment to February 7-8, 
2021 email above 
Draft document on 
messaging for school 
reopening rollout 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
documents including comment bubbles with 
recommendations, redlined material, talking points, and 
highlighted material for consideration.  Release would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for communicating with the public on pending 
agency policies.  
26. 
Pages 372-
373 
Email chain with attachment 
starting on 2/10/21 from EOP 
Policy Advisor to EOP Covid 
Response Team Testing 
Coordinator, et al., and ending 
on 2/11/21 with an email from 
CDC CoS to CDC Director of 
the Washington office, CDC 
Acting Associate Director for 
Communication, and HHS 
CoS 
Content in body of the 
email contains EOP 
phone numbers, meeting 
codes, and passcodes for 
an upcoming meeting 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
EOP email addresses, phone numbers, and passcodes 
could reasonably be expected to constitute an unwarranted 
invasion of personal privacy by subjecting personnel to 
harassment and annoyance in conducting their official 
duties. 
27. 
Pages 374-
405 
Attachment to February 10-
11, 2021 email above 
Draft K-12 Schools 
Operational Strategy 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
materials, including redlined material, comment bubbles 
recommending changes, and highlighted text.  Release 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 50 of 130

 
Vaughn II 
Page 15 of 41 
 
would compromise the deliberative process of the agency 
in administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on agency communications and 
hinder the ability of agency officials to deliberate in a 
candid and meaningful manner on policy considerations. 
28. 
Pages 407-
408 
Draft records attached to 
email sent on 2/11/21 from 
CDC Acting Associate Direct 
for Communications to HHS 
CoS 
Draft of fact sheet for the 
K-12 operational 
strategy 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
materials with edits.  Release would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on agency communications and hinder the 
ability of agency officials to deliberate in a candid and 
meaningful manner on policy considerations. 
29. 
Pages 410-
434 
Draft records attached to 
email sent on 2/11/21 from 
CDC Public Health Analyst to 
CDC Director of Washington 
Office, et al 
Draft document on the 
mini-rollout for K-12 
school reopening  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional drafts with comment 
bubbles recommending changes, notes, and highlighted 
text. Release would compromise the deliberative process 
of the agency in administrative matters requiring open, 
frank discussions on matters of policy between staff 
members.  This would result in a chilling effect on agency 
communications and hinder the ability of agency officials 
to deliberate in a candid and meaningful manner on policy 
considerations. 
30. 
Pages 435-
439 
Email chain with attachment 
starting on 2/11/21 from CDC 
Public Health Analyst to CDC 
Lead Health Communications 
Specialist, et al., and ending 
on 2/11/21 with an email from 
CDC Public Health Analyst to 
Content in the body of 
the email contains 
discussion on material 
relating to school 
reopening  
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist discussion on school reopening and draft 
records with comment bubbles recommending changes, 
notes, and highlighted text. Release would compromise 
the deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 51 of 130

 
Vaughn II 
Page 16 of 41 
 
CDC Director of Washington 
Office  
Draft document relating 
to school opening rollout 
chilling effect on agency communications and hinder the 
ability of agency officials to deliberate in a candid and 
meaningful manner on policy considerations.  
31. 
Pages 440-
472 
Email chain with attachment 
starting on 2/1/21 with an 
email from CDC CoS to HHS 
Asst. Sec. for Preparedness 
and Response, cc’d CDC 
Director, et al., and ending on 
2/3/21 with an email from 
CDC CoS to HHS CoS 
Content in the body of 
the email contains 
discussion on edits made 
to K-12 schools 
operational strategy 
document and 
deliberations over how to 
proceed with review. 
 
Draft of K-12 schools 
operational strategy  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of comments, updates, suggestions, and 
edits regarding draft operational strategy in addition to 
deliberations over how to proceed with review and 
pre-decisional and deliberative draft materials, including 
redlined material, comment bubbles recommending 
changes, and highlighted text.  Release would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on agency communications and 
hinder the ability of agency officials to deliberate in a 
candid and meaningful manner on policy considerations. 
32. 
Pages 473-
502 
Email chain with attachment 
stating on 2/10/21 from CDC 
Director Washington Office 
to CDC CoS and ending on 
2/11/21 with a forwarded 
email to CDC Deputy 
Director of Washington 
Office, et al. 
Content in the body of 
the email contains 
deliberations on 
questions, 
considerations, and 
planning for tentative 
schedule for 
congressional outreach 
on school guidance 
rollout 
 
Draft summary, talking 
points, and questions and 
answers for tentative 
outreach on K-12 
operational strategy  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative 
discussions regarding considerations, recommendations, 
strategies, and planning for congressional outreach on 
school guidance rollout, in addition to pre-decisional and 
deliberative draft talking points, questions and answers, 
and summary language for potential use in tentative 
outreach.  The release of this internal information would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of decision-making and policy between staff 
members.  This would result in a chilling effect on intra- 
and inter-agency communications and reduce the ability 
of agency officials to deliberate in a meaningful manner 
on methods of and strategies for communicating with the 
public and interested parties on pending agency policies. 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 52 of 130

 
Vaughn II 
Page 17 of 41 
 
33. 
Pages 503-
516 
Email chain with attachment 
starting on 2/10/21 from CDC 
Acting Associate Direct for 
Communications to CDC 
Director Washington Office 
and ending on 2/11/12 with 
forwarded email to Deputy 
Director of the Washington 
Office, et al 
Content in the body of 
the email contains 
deliberations on 
questions, 
considerations, and 
planning for tentative 
schedule for 
congressional outreach 
on school guidance 
rollout 
 
Draft summary, talking 
points, and questions and 
answers for tentative 
outreach on K-12 
operational strategy 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative 
discussions regarding considerations, recommendations, 
strategies, and planning for congressional outreach on 
school guidance rollout, in addition to pre-decisional and 
deliberative draft talking points, questions and answers, 
and summary language for potential use in tentative 
outreach.  The release of this internal information would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of decision-making and policy between staff 
members.  This would result in a chilling effect on intra- 
and inter-agency communications and reduce the ability 
of agency officials to deliberate in a meaningful manner 
on methods of and strategies for communicating with the 
public and interested parties on pending agency policies. 
34. 
Pages 517-
518 
Email chain with attachment 
starting on 2/7/21 from EOP 
Covid Response Team 
Testing Coordinator to CDC 
Director and ending on 2/7/21 
with an email from CDC 
Division Director to CDC 
Director 
Content of email chain 
consists of discussion of 
preparation and drafting 
of briefing materials for 
President on school 
opening questions 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion of preparing 
materials to brief the President.  Release would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on specific 
presentation of information under policy consideration. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of deliberative discussion of 
preparing materials to brief the President.  Redacted 
material reveals information the President and his advisers 
asked for and received.  Release would reveal internal 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 53 of 130

 
Vaughn II 
Page 18 of 41 
 
discussions and strategy on how to conduct daily business 
and would compromise the President’s ability to receive 
candid and informed opinions from his advisers. 
35. 
Pages 519-
536 
Attachment to email chain 
above dated February 5-7, 
2021 
Draft materials for 
briefing President on 
school opening 
questions, including draft 
talking points and draft 
question and answers 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
briefing materials, including redlined material, comment 
bubbles recommending changes, and highlighted text.  
Release would compromise the deliberative process of the 
agency in administrative matters requiring open, frank 
discussions on matters of policy between staff members.  
This would result in a chilling effect on intra and inter-
agency communications and reduce the ability of agency 
officials to deliberate in a meaningful manner for 
inclusion in and specific presentation and language of 
policy considerations. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of pre-decisional and 
deliberative draft briefing materials, including redlined 
material, comment bubbles recommending changes, and 
highlighted text.  Redacted material reveals information 
the President and his advisers asked for and received.  
Release would reveal internal discussions and strategy on 
how to conduct daily business and would compromise the 
President’s ability to receive candid and informed 
opinions from his advisers. 
36. 
Pages 537-
634 
Email chain with attachment 
starting on 2/5/21 from CDC 
Branch Chief to CDC 
Division Director and ending 
on 2/6/21 with an email from 
CDC Division Director to 
Content in the body of 
emails contains edits, 
opinions, and 
recommendations to the 
draft K-12 operational 
strategy  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist suggestions, comments, considerations, 
and updates on draft operational strategy and includes pre-
decisional and deliberative draft materials, including 
redlined material, comment bubbles recommending 
changes, and highlighted text.  Release would 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 54 of 130

 
Vaughn II 
Page 19 of 41 
 
CDC Principal Deputy 
Director 
 
Draft documents of the 
K-12 operational 
strategy  
 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on agency communications and 
hinder the ability of agency officials to deliberate in a 
candid and meaningful manner on policy considerations. 
 
37. 
Pages 635-
675 
Draft records attached to 
email sent on 2/6/21 from 
CDC Division Director to 
CDC Director  
Draft documents of the 
K-12 operational 
strategy and schools 
science brief 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
materials, including redlined material, comment bubbles 
recommending changes, and highlighted text.  Release 
would compromise the deliberative process of the agency 
in administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on agency communications and 
hinder the ability of agency officials to deliberate in a 
candid and meaningful manner on policy considerations. 
38. 
Pages 676-
707 
Email chain with attachment 
starting on 2/1/21 from CDC 
CoS to HHS Asst. Sec. for 
Preparedness and Response 
and ending on 2/2/21 with an 
email from CDC CoS to CDC 
Branch Chief, et al. 
Content in the body of 
the email contains 
discussion on edits made 
to K-12 schools 
operational strategy 
document and 
deliberations over how to 
proceed with review. 
 
Draft of K-12 schools 
operational strategy  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of comments, updates, suggestions, and 
edits regarding draft operational strategy in addition to 
deliberations over how to proceed with review and pre-
decisional and deliberative draft materials, including 
redlined material, comment bubbles recommending 
changes, and highlighted text.  Release would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on agency communications and 
hinder the ability of agency officials to deliberate in a 
candid and meaningful manner on policy considerations. 
39. 
Pages 708-
711 
Email chain starting on 
2/18/21 from CDC Principal 
Content in the body of 
the email contains 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 55 of 130

 
Vaughn II 
Page 20 of 41 
 
Deputy Incident Manager to 
HHS CoS et al., and ending 
on 2/18/21 with an email from 
CDC Cos to CDC Principal 
Deputy Director 
discussion on planning, 
questions, thoughts, 
comments, and feedback 
from agency partners on 
draft guidance and 
documents for potential 
posting on the agency 
website 
 
discussions regarding planning, questions, thoughts, 
comments, and feedback on draft guidance and documents 
for potential posting on the agency website.  The release 
of this internal information would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
decision-making and policy.  This would result in a 
chilling effect on intra- and inter-agency communications 
and reduce the ability of agency officials to deliberate in a 
meaningful manner on methods of and strategies for 
communicating with the public and interested parties on 
pending agency policies. 
40. 
Pages 712-
713 
Email chain starting on 
2/18/21 from CDC Principal 
Deputy Incident Manager to 
HHS CoS et al., and ending 
on 2/18/21 with an email from 
CDC CoS to CDC Principal 
Deputy Director 
Content in the body of 
the email contains 
discussion on planning, 
questions, thoughts, 
comments, and feedback 
from agency partners on 
draft guidance and 
documents for potential 
posting on the agency 
website 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative 
discussions regarding planning, questions, thoughts, 
comments, and feedback on draft guidance and documents 
for potential posting on the agency website.  The release 
of this internal information would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
decision-making and policy.  This would result in a 
chilling effect on intra- and inter-agency communications 
and reduce the ability of agency officials to deliberate in a 
meaningful manner on methods of and strategies for 
communicating with the public and interested parties on 
pending agency policies. 
41. 
Pages 714-
716 
Email chain starting on 2/5/21 
from CDC Branch Chief to 
CDC Division Director and 
ending on 2/6/21 with an 
email from CDC Division 
Content in the body of 
emails contains edits, 
opinions, and 
recommendations to the 
draft K-12 operational 
strategy  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of discussions made during the decision-
making process as to what should or should not be 
included in the K-12 operational strategy.  Release would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 56 of 130

 
Vaughn II 
Page 21 of 41 
 
Director to CDC Principal 
Deputy Director 
 
 
on matters of policy between staff members.  This would 
result in a chilling effect on agency communications and 
hinder the ability of agency officials to deliberate in a 
candid and meaningful manner on policy considerations. 
 
42. 
Page 717 
Email starting on 2/6/21 from 
CDC Division Director to 
CDC Director and ending on 
2/6/21 with an email from 
CDC Division Director to 
CDC Director 
Content in the body of 
emails contains 
discussion on 
considerations and 
questions relating to 
draft operational strategy  
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of discussions made during the decision-
making process as to considerations, questions, topics, 
regarding the K-12 operational strategy.  Release would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on agency communications and 
hinder the ability of agency officials to deliberate in a 
candid and meaningful manner on policy considerations. 
43. 
Pages 718-
719 
Email starting on 2/6/21 from 
CDC Division Director to 
CDC Director and ending on 
2/6/21 with an email from 
CDC Division Director to 
CDC Director 
Contents of email chain 
consist of discussion of 
preparation and drafting 
of briefing materials for 
President on school 
opening questions  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion of preparing 
materials to brief the President.  Release would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on specific 
presentation of information under policy consideration.  
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of deliberative discussion of 
preparing materials to brief the President.  Redacted 
material reveals information the President and his advisers 
asked for and received.  Release would reveal internal 
discussions and strategy on how to conduct daily business 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 57 of 130

 
Vaughn II 
Page 22 of 41 
 
and would compromise the President’s ability to receive 
candid and informed opinions from his advisers. 
44. 
Page 720 
Email starting on 2/6/21 from 
CDC Division Director to 
CDC Director and ending on 
2/6/21 with an email from 
CDC Director to CDC 
Division Director  
Contents of email chain 
consist of discussion of 
preparation and drafting 
of briefing materials for 
President on school 
opening questions  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion on materials 
needed to brief the President.  Release would compromise 
the deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on intra and inter-agency communications 
and reduce the ability of agency officials to deliberate in a 
meaningful manner on specific presentation of 
information under policy consideration. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of deliberative discussion of 
preparing materials to brief the President.  Redacted 
material reveals information the President and his advisers 
asked for and received.  Release would reveal internal 
discussions and strategy on how to conduct daily business 
and would compromise the President’s ability to receive 
candid and informed opinions from his advisers. 
45. 
Pages 721-
787 
Email chain with attachment 
starting on 2/1/21 with an 
email from CDC CoS to HHS 
Asst. Sec. for Preparedness 
and Response and ending on 
2/2/21 with an email from 
CDC Branch Chief to CDC 
Division Director, CDC CoS, 
et al.  
Content in the body of 
emails contains edits, 
opinions, and 
recommendations on the 
draft K-12 operational 
strategy and 
deliberations about how 
to proceed with review 
 
Draft K-12 operational 
strategy  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of comments, suggestions, thoughts, 
edits and updates to draft documents and deliberations 
about how to proceed with review, in addition to pre-
decisional and deliberative draft materials, including 
redlined material, comment bubbles recommending 
changes, and highlighted text.  Release would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on agency communications and 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 58 of 130

 
Vaughn II 
Page 23 of 41 
 
hinder the ability of agency officials to deliberate in a 
candid and meaningful manner on policy considerations. 
46. 
Page 788 
Email chain starting on 2/1/21 
from CDC CoS to HHS Asst. 
Sec. for Preparedness and 
Response and ending on 
2/2/21 with an email from 
CDC Director to CDC CoS 
and HHS Asst. Sec. for 
Preparedness and Response 
Content in the body of 
the email contains 
discussion on new issues 
that need to be addressed 
and discussion on edits 
made to K-12 schools 
operational strategy 
document and 
deliberations about how 
to proceed with review 
 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of comments, suggestions, thoughts, 
edits, and updates to the draft K-12 operational strategy, 
as well as deliberations about how to proceed with review.  
Release would compromise the deliberative process of the 
agency in administrative matters requiring open, frank 
discussions on matters of policy between staff members.  
This would result in a chilling effect on agency 
communications and hinder the ability of agency officials 
to deliberate in a candid and meaningful manner on policy 
considerations. 
47. 
Page 789 
Email chain starting on 2/6/21 
from CDC Division Director 
to CDC Director and ending 
on 2/6/21 with an email from 
CDC CoS to CDC Division 
Director  
Contents of email chain 
consist of discussion of 
preparation and drafting 
of briefing materials for 
President on school 
opening questions  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion on materials 
needed to brief the President.  Release would compromise 
the deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on intra and inter-agency communications 
and reduce the ability of agency officials to deliberate in a 
meaningful manner on specific presentation of 
information under policy consideration. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of deliberative discussion of 
preparing materials to brief the President.  Redacted 
material reveals information the President and his advisers 
asked for and received.  Release would reveal internal 
discussions and strategy on how to conduct daily business 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 59 of 130

 
Vaughn II 
Page 24 of 41 
 
and would compromise the President’s ability to receive 
candid and informed opinions from his advisers. 
48. 
Pages 790-
824 
Email chain with attachment 
starting on 2/1/21 from CDC 
CoS to HHS Asst. Sec. for 
Preparedness and Response 
and ending on 2/2/21 with an 
email from CDC CoS to CDC 
Branch Chief, CDC Director 
et al.  
Content in the body of 
the email contains 
discussion on edits made 
to K-12 schools 
operational strategy 
document and 
deliberations about how 
to proceed with review 
 
Draft K-12 operational 
strategy  
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of discussion on comments, suggestions, 
thoughts, edits and updates to the draft K-12 operational 
strategy and how to proceed with review, in addition to 
pre-decisional drafts with comment bubbles 
recommending changes, notes, and highlighted text. 
Release would compromise the deliberative process of the 
agency in administrative matters requiring open, frank 
discussions on matters of policy between staff members.  
This would result in a chilling effect on agency 
communications and hinder the ability of agency officials 
to deliberate in a candid and meaningful manner on policy 
considerations. 
49. 
Page 825 
Email chain stating on 2/6/21 
from CDC Division Director 
to CDC Director and ending 
on 2/7/21 with an email from 
CDC Director to CDC 
Division Director and CDC 
CoS 
Contents of email chain 
consist of discussion of 
preparation and drafting 
of briefing materials for 
President on school 
opening questions  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion on materials 
needed to brief the President.  Release would compromise 
the deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on intra and inter-agency communications 
and reduce the ability of agency officials to deliberate in a 
meaningful manner on specific presentation of 
information under policy consideration. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of deliberative discussion of 
preparing materials to brief the President.  Redacted 
material reveals information the President and his advisers 
asked for and received.  Release would reveal internal 
discussions and strategy on how to conduct daily business 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 60 of 130

 
Vaughn II 
Page 25 of 41 
 
and would compromise the President’s ability to receive 
candid and informed opinions from his advisers. 
50. 
Pages 826-
831 
Email chain with attachment 
starting on 2/1/21 from CDC 
CoS to HHS Asst. Sec. for 
Preparedness and Response 
and ending on 2/2/21 with an 
email from CDC Branch 
Chief to CoS to CDC Director 
et al. 
Content in the body of 
the email contains 
discussion on edits made 
to K-12 schools 
operational strategy 
document and 
deliberations regarding 
review process 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of discussions on comments, 
suggestions, thoughts, edits and updates to the draft K-12 
operational strategy and deliberations about review 
processes.  Release would compromise the deliberative 
process of the agency in administrative matters requiring 
open, frank discussions on matters of policy between staff 
members.  This would result in a chilling effect on agency 
communications and hinder the ability of agency officials 
to deliberate in a candid and meaningful manner on policy 
considerations. 
 
51. 
Pages 832-
838 
Email chain with attachment 
starting on 2/12/21 from CDC 
Director to CDC Acting 
Associate Director for 
Communication and ending 
on 2/12/21 with an email from 
CDC Acting Associate 
Director for Communication 
to CDC Director 
Content in the body of 
the email contains a list 
of draft points for 
potential inclusion in a 
press briefing script 
 
Draft Press Script  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of talking points and a draft script for an 
upcoming press brief. Release of draft scripts could lead 
to public confusion as to the agency’s actual position. The 
release of these records would compromise the 
deliberative process of the agency in administrative 
matters regarding open, frank discussions on matters of 
policy between staff.  This would result in a chilling effect 
on intra- and inter-agency communications and reduce the 
ability of agency officials to deliberate in a meaningful 
manner on methods of and strategies for communicating 
and engaging with the public and interested parties on 
pending agency policies. 
52. 
Pages 839-
865 
Email chain with attachment 
starting on 1/29/21 from CDC 
Principal Deputy Director to 
CDC Division Director and 
ending on 1/29/21 with an 
Content in the body of 
the email contains list of 
edits made to K-12 
schools operational 
strategy document  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of discussion on edits made during the 
decision-making process for the K-12 operational strategy 
and pre-decisional drafts with comment bubbles 
recommending changes, notes, and highlighted text. 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 61 of 130

 
Vaughn II 
Page 26 of 41 
 
email from CDC Principal 
Deputy Director to CDC 
Director  
 
Draft K-12 operational 
strategy  
Release would compromise the deliberative process of the 
agency in administrative matters requiring open, frank 
discussions on matters of policy between staff members.  
This would result in a chilling effect on agency 
communications and hinder the ability of agency officials 
to deliberate in a candid and meaningful manner on policy 
considerations. 
53. 
Pages 866-
869 
Email chain starting on 2/1/21 
from CDC CoS to EOP Covid 
Response Team Testing 
Coordinator and CDC 
Director, et al., and ending on 
2/2/21 with an email from 
CDC CoS to EOP Covid 
Response Team Testing 
Coordinator and CDC 
Division Director, et. al 
Contents of email chain 
include discussions and 
deliberations on strategy, 
recommendations, and 
considerations for 
partner outreach related 
to schools guidance 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion of strategy, 
recommendations, and considerations for partner outreach 
related to schools guidance.  Release would compromise 
the deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on intra and inter-agency communications 
and reduce the ability of agency officials to deliberate in a 
meaningful manner on how and with whom to 
communicate, strategies for communicating with potential 
agency partners, and considerations of what information 
to communicate to potential agency partners in service of 
collecting input for the development and issuance of 
policy guidance. 
54. 
Pages 874 
Email chain with attachment 
starting on 2/6/21 from CDC 
CoS to CDC Division 
Director et al., and ending on 
2/7/21 with an email from 
CDC Division Director to 
CDC CoS et al. 
Content of email chain 
consists of discussion of 
preparation and drafting 
of briefing materials for 
President on school 
opening questions 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion of preparing 
materials to brief the President.  Release would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on specific 
presentation of information under policy consideration. 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 62 of 130

 
Vaughn II 
Page 27 of 41 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of deliberative discussion of 
preparing materials to brief the President.  Redacted 
material reveals information the President and his advisers 
asked for and received.  Release would reveal internal 
discussions and strategy on how to conduct daily business 
and would compromise the President’s ability to receive 
candid and informed opinions from his advisers. 
55. 
Pages 875-
892 
Attachment to email chain 
above dated February 6-7, 
2021 
Draft materials for 
briefing President on 
school opening 
questions, including draft 
talking points and draft 
question and answers 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
briefing materials, including redlined material, comment 
bubbles recommending changes, and highlighted text.  
Release would compromise the deliberative process of the 
agency in administrative matters requiring open, frank 
discussions on matters of policy between staff members.  
This would result in a chilling effect on intra and inter-
agency communications and reduce the ability of agency 
officials to deliberate in a meaningful manner for 
inclusion in and specific presentation and language of 
policy considerations. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of pre-decisional and 
deliberative draft briefing materials, including redlined 
material, comment bubbles recommending changes, and 
highlighted text.  Redacted material reveals information 
the President and his advisers asked for and received.  
Release would reveal internal discussions and strategy on 
how to conduct daily business and would compromise the 
President’s ability to receive candid and informed 
opinions from his advisers. 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 63 of 130

 
Vaughn II 
Page 28 of 41 
 
56. 
Pages 893-
894 
Email chain starting on 
2/16/21 from Deputy 
Communications Director for 
the Vice President to Special 
Asst. to the President and 
ending on 2/16/21 with an 
email from EOP Director of 
Strategic Communications 
and Engagement to CDC 
Acting Associate Director for 
Communication 
Discussion of and 
request for draft 
questions and answers 
and talking points from 
Office of the Vice 
President 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion of information 
for inclusion in draft questions and answers and talking 
points for Office of the Vice President.  Release would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of 
communicating with the public on agency policies and 
confusion regarding what information was ultimately 
shared by the Office of the Vice President. 
57. 
Pages 895-
900 
Email chain with attachment 
starting on 2/11/21 from CDC 
Deputy Director to CDC 
Acting Associate Director for 
Communication et al., and 
ending 2/12/21 with an email 
from a CDC analyst to CDC 
Acting Associate Director for 
Communication et al. 
Content in the body of 
the email contains 
discussion on edits and 
talking points for an 
upcoming media briefing 
 
Draft K-12 operational 
strategy fact sheet 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of discussions about content for an 
upcoming media brief and a draft K-12 operational 
strategy fact sheet.  Release would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on agency communications and hinder the 
ability of agency officials to deliberate in a candid and 
meaningful manner on policy considerations. 
58. 
Page 901 
Email chain with attachment 
starting on 2/7/21 from 
Counselor to the President to 
CDC Director and ending on 
2/7/21 with an email from 
CDC Director to Counselor to 
the President  
Content of email chain 
consists of discussion of 
preparation and drafting 
of briefing materials for 
President on school 
opening questions 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion of preparing 
materials to brief the President.  Release would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra and inter-agency 
communications and reduce the ability of agency officials 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 64 of 130

 
Vaughn II 
Page 29 of 41 
 
to deliberate in a meaningful manner on specific 
presentation of information under policy consideration. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of deliberative discussion of 
preparing materials to brief the President.  Redacted 
material reveals information the President and his advisers 
asked for and received.  Release would reveal internal 
discussions and strategy on how to conduct daily business 
and would compromise the President’s ability to receive 
candid and informed opinions from his advisers. 
59. 
Pages 902-
921 
Attachment to email chain 
above dated February 7, 2021  
Draft materials for 
briefing President on 
school opening 
questions, including draft 
talking points, draft 
summary information, 
and draft question and 
answers 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
briefing materials, including redlined material, comment 
bubbles recommending changes, and highlighted text.  
Release would compromise the deliberative process of the 
agency in administrative matters requiring open, frank 
discussions on matters of policy between staff members.  
This would result in a chilling effect on intra and inter-
agency communications and reduce the ability of agency 
officials to deliberate in a meaningful manner for 
inclusion in and specific presentation and language of 
policy considerations. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of pre-decisional and 
deliberative draft briefing materials, including redlined 
material, comment bubbles recommending changes, and 
highlighted text.  Redacted material reveals information 
the President and his advisers asked for and received.  
Release would reveal internal discussions and strategy on 
how to conduct daily business and would compromise the 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 65 of 130

 
Vaughn II 
Page 30 of 41 
 
President’s ability to receive candid and informed 
opinions from his advisers. 
60. 
Page 922 
Email chain with attachment 
starting on 2/7/21 from 
Counselor to the President to 
CDC Director and ending on 
2/7/21 with an email from 
CDC CoS to CDC Director 
Content of email chain 
consists of discussion of 
preparation and drafting 
of briefing materials for 
President on school 
opening questions 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion of preparing 
materials to brief the President.  Release would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on specific 
presentation of information under policy consideration. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of deliberative discussion of 
preparing materials to brief the President.  Redacted 
material reveals information the President and his advisers 
asked for and received.  Release would reveal internal 
discussions and strategy on how to conduct daily business 
and would compromise the President’s ability to receive 
candid and informed opinions from his advisers. 
61. 
Pages 923-
942 
Attachment to email chain 
above dated February 7, 2021  
Draft materials for 
briefing President on 
school opening 
questions, including draft 
talking points, draft 
summary information, 
and draft question and 
answers 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
briefing materials, including redlined material, comment 
bubbles recommending changes, and highlighted text.  
Release would compromise the deliberative process of the 
agency in administrative matters requiring open, frank 
discussions on matters of policy between staff members.  
This would result in a chilling effect on intra and inter-
agency communications and reduce the ability of agency 
officials to deliberate in a meaningful manner for 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 66 of 130

 
Vaughn II 
Page 31 of 41 
 
inclusion in and specific presentation and language of 
policy considerations. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of pre-decisional and 
deliberative draft briefing materials, including redlined 
material, comment bubbles recommending changes, and 
highlighted text.  Redacted material reveals information 
the President and his advisers asked for and received.  
Release would reveal internal discussions and strategy on 
how to conduct daily business and would compromise the 
President’s ability to receive candid and informed 
opinions from his advisers. 
62. 
Pages 943-
981 
Email chain with attachment 
starting no 2/12/21 from CDC 
Acting Associate Director for 
Communication to CDC 
Branch Chief et al., and 
ending on 2/12/21 with an 
email from CDC Branch 
Chief to CDC Acting 
Associate Director for 
Communication et al. 
Content in the body of 
email contains comment 
on edits to K-12 
operational strategy  
 
Draft K-12 operational 
strategy  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of discussion on edits made during the 
decision-making process for the K-12 operational strategy 
and pre-decisional drafts with comment bubbles 
recommending changes, notes, and highlighted text. 
Release would compromise the deliberative process of the 
agency in administrative matters requiring open, frank 
discussions on matters of policy between staff members.  
This would result in a chilling effect on agency 
communications and hinder the ability of agency officials 
to deliberate in a candid and meaningful manner on policy 
considerations. 
63. 
Pages 982-
984 
Email chain starting on 2/1/21 
from CDC Division Director 
to CDC Director and ending 
on 2/1/21 with an email from 
CDC Director to CDC CoS 
and CDC Division Director  
Contents of email chain 
include discussions and 
deliberations on strategy, 
recommendations, and 
considerations for 
partner outreach related 
to schools guidance 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion of strategy, 
recommendations, and considerations for partner outreach 
related to schools guidance.  Release would compromise 
the deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 67 of 130

 
Vaughn II 
Page 32 of 41 
 
chilling effect on intra and inter-agency communications 
and reduce the ability of agency officials to deliberate in a 
meaningful manner on how and with whom to 
communicate, strategies for communicating with potential 
agency partners, and considerations of what information 
to communicate to potential agency partners in service of 
collecting input for the development and issuance of 
policy guidance. 
64. 
Pages 985-
988 
Email chain starting on 
2/11/21 from CDC Deputy 
Director to CDC Branch 
Chief et al., and ending on 
2/12/21 with an email from 
CDC Deputy Director to CDC 
Public Health Analyst, cc’d 
CDC Director of Washington 
Office et al., 
Content of email chain 
includes comments and 
commentary for 
consideration on draft of 
messaging and planning 
for rollout of school 
reopening guidance 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion regarding 
comments and commentary for consideration on draft of 
messaging and planning for rollout of school reopening 
guidance.  The release of this internal information would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for communicating with the public on pending 
agency policies. 
65. 
Pages 990-
993 
Draft press script attached to 
email sent on 2/12/21 from 
Acting Associate Director for 
Communication to CDC 
Deputy Director, et al.  
Draft script for press 
briefing on operational 
strategy 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of draft press script with comment 
bubbles recommending changes, notes, and highlighted 
text.  Release of draft scripts could lead to public 
confusion as to the agency’s actual position. Release 
would compromise the deliberative process of the agency 
in administrative matters regarding open, frank 
discussions on matters of policy between staff.  This 
would result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 68 of 130

 
Vaughn II 
Page 33 of 41 
 
strategies for communicating and engaging with the 
public and interested parties on pending agency policies. 
66. 
Pages 994-
997 
Email chain with attachment 
starting on 2/11/21 from CDC 
Public Health Analyst to CDC 
Deputy Director et al., and 
ending on 2/11/21 with an 
email from Acting Associate 
Director for Communication 
to CDC Deputy Director et al. 
Content in the body of 
the email contains 
discussion on upcoming 
press briefing 
 
Draft press release  
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of draft press script with comment 
bubbles recommending changes, notes, and highlighted 
text.  Release of draft scripts could lead to public 
confusion as to the agency’s actual position. Release 
would compromise the deliberative process of the agency 
in administrative matters regarding open, frank 
discussions on matters of policy between staff.  This 
would result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for communicating and engaging with the 
public and interested parties on pending agency policies. 
67. 
Pages 998-
1003 
Email chain with attachment 
starting on 2/11/21 from CDC 
Deputy Director to CDC 
Public Affairs Specialist and 
CDC Director Washington 
Office et al., and ending on 
2/12/21 with an email from 
CDC Deputy Director to CDC 
Branch Chief et al. 
Content of email chain 
includes comments and 
commentary for 
consideration on draft of 
messaging and planning 
for rollout of school 
reopening guidance 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion regarding 
comments and commentary for consideration on draft of 
messaging and planning for rollout of school reopening 
guidance.  The release of this internal information would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for communicating with the public on pending 
agency policies. 
68. 
Pages 1004-
1009 
Email chain with attachment 
starting on 2/11/21 from ED 
Deputy Asst. Sec. for 
Communications to CDC 
Content in the body of 
the email contains 
discussion on the 
cohesiveness of 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of discussions on school reopening 
rollout and pre-decisional drafts with comment bubbles 
recommending changes, notes, and highlighted text. 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 69 of 130

 
Vaughn II 
Page 34 of 41 
 
Acting Associate Director for 
Communication et al., and 
ending on 2/12/21 with and 
email form ED Deputy Asst. 
Sec for Communications to 
CDC Acting Associate 
Director for Communication 
et al. 
responses from ED and 
CDC for a Q&A around 
school reopening rollout 
 
Draft messaging for 
school reopening rollout  
Release would compromise the deliberative process of the 
agency in administrative matters requiring open, frank 
discussions on matters of policy between staff members.  
This would result in a chilling effect on intra- and inter-
agency communications and reduce the ability of agency 
officials and their counterparts to deliberate in a 
meaningful and collaborative manner to create policy.  
69. 
Pages 1010-
1011 
Email chain starting on 2/1/21 
from CDC CoS to HHS Asst. 
Sec. for Preparedness and 
Response, and ending on 
2/2/21 with an email from 
CDC Director to CDC CoS 
Content in the body of 
the email contains 
discussion on edits made 
to K-12 schools 
operational strategy 
document and 
deliberations on review 
process 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of discussions on comments, 
suggestions, thoughts, edits and updates to the draft K-12 
operational strategy and deliberations on process for 
review.  Release would compromise the deliberative 
process of the agency in administrative matters requiring 
open, frank discussions on matters of policy between staff 
members.  This would result in a chilling effect on agency 
communications and hinder the ability of agency officials 
to deliberate in a candid and meaningful manner on policy 
considerations. 
70. 
Pages 1012-
1016 
Email chain starting on 2/5/21 
from EOP Digital Director to 
ED Deputy Asst. Sec. for 
Communications et al., and 
ending with an email on 
2/8/21 with an email from 
CDC Acting Associate 
Director for Communication 
to CDC Branch Chief et al.  
Contents of email chain 
include deliberations, 
opinions, and discussions 
on planning, 
coordination, and 
strategy for rollout of 
guidance from CDC and 
Department of Education 
 
EOP email addresses and 
phone numbers 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional deliberations, 
discussions, opinions, and planning regarding strategy and 
coordination of potential guidance rollout.  The release of 
this internal information would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on intra- and inter-agency communications 
and reduce the ability of agency officials to deliberate in a 
meaningful manner on methods of and strategies for 
communicating with the public on pending agency 
policies. 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 70 of 130

 
Vaughn II 
Page 35 of 41 
 
  
Exemption (b)(6), Personal Privacy Interests: Release of 
EOP email addresses and phone numbers could 
reasonably be expected to constitute an unwarranted 
invasion of personal privacy by subjecting personnel to 
harassment and annoyance in conducting their official 
duties. 
71. 
Pages 1017-
1018 
Email chain with attachment 
starting on 2/5/21 from EOP 
Covid Response Team 
Testing Coordinator to CDC 
Director and ending on 2/7/21 
with an email from CDC 
Director to CDC Division 
Director  
Contents of email chain 
consist of discussion of 
preparation and drafting 
of briefing materials for 
President on school 
opening questions 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion of preparing 
materials to brief the President.  Release would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on specific 
presentation of information under policy consideration. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of deliberative discussion of 
preparing materials to brief the President.  Redacted 
material reveals information the President and his advisers 
asked for and received.  Release would reveal internal 
discussions and strategy on how to conduct daily business 
and would compromise the President’s ability to receive 
candid and informed opinions from his advisers. 
72. 
Pages 1019-
1036 
Attachment to email chain 
above dated February 5-7, 
2021 
Draft materials for 
briefing President on 
school opening 
questions, including draft 
talking points and draft 
question and answers 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
briefing materials, including redlined material, comment 
bubbles recommending changes, and highlighted text.  
Release would compromise the deliberative process of the 
agency in administrative matters requiring open, frank 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 71 of 130

 
Vaughn II 
Page 36 of 41 
 
discussions on matters of policy between staff members.  
This would result in a chilling effect on intra and inter-
agency communications and reduce the ability of agency 
officials to deliberate in a meaningful manner for 
inclusion in and specific presentation and language of 
policy considerations. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of pre-decisional and 
deliberative draft briefing materials, including redlined 
material, comment bubbles recommending changes, and 
highlighted text.  Redacted material reveals information 
the President and his advisers asked for and received.  
Release would reveal internal discussions and strategy on 
how to conduct daily business and would compromise the 
President’s ability to receive candid and informed 
opinions from his advisers. 
73. 
Pages 1043-
1077 
Draft records attached to 
email sent on 2/12/21 from 
CDC Branch Chief to CDC 
Acting Associate Director for 
Communication et al.  
Draft K-12 operational 
strategy  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
materials, including redlined material, comment bubbles 
recommending changes, and highlighted text.  Release 
would compromise the deliberative process of the agency 
in administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on agency communications and 
hinder the ability of agency officials to deliberate in a 
candid and meaningful manner on policy considerations. 
74. 
Pages 1078-
1107 
Email chain with attachment 
starting on 1/29/21 from CDC 
Director of National Center 
for Immunization and 
Respiratory Diseases 
Content in the body of 
the email contains 
discussion on edits made 
to K-12 schools 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of discussion on edits made during the 
decision-making process for the K-12 operational strategy 
and pre-decisional drafts with comment bubbles 
recommending changes, notes, and highlighted text. 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 72 of 130

 
Vaughn II 
Page 37 of 41 
 
(NCIRD) to CDC CoS and 
ending on 1/29/21 with an 
email from CDC Division 
Director to CDC Director et 
al. 
operational strategy 
document  
 
Draft K-12 schools 
operational strategy  
 
Release would compromise the deliberative process of the 
agency in administrative matters requiring open, frank 
discussions on matters of policy between staff members.  
This would result in a chilling effect on agency 
communications and hinder the ability of agency officials 
to deliberate in a candid and meaningful manner on policy 
considerations. 
75. 
Pages 1108-
1111 
Email chain with attachment 
starting on 2/10/21 with an 
email from EOP Deputy 
Communications Director to 
CDC Acting Associate 
Director for Communication 
et al., and ending on 2/11/21 
with an email from EOP 
Deputy Communications 
Director to ED Asst. Sec. for 
Communications, CDC 
Acting Associate Director for 
Communication et al. 
Contents of email chain 
include discussion of 
opinions about, and 
recommendations for 
planning, strategy, and 
coordination of school 
reopening guidance 
rollout between CDC 
and Department of 
Education 
 
 
EOP email addresses and 
phone numbers 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional deliberations 
discussing, opining on, and recommending plans, strategy, 
and coordination of school reopening guidance rollout 
between CDC and Department of Education.  The release 
of this internal information would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on intra- and inter-agency communications 
and reduce the ability of agency officials to deliberate in a 
meaningful manner on methods of and strategies for 
communicating with the public on pending agency 
policies. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
EOP email addresses and phone numbers could 
reasonably be expected to constitute an unwarranted 
invasion of personal privacy by subjecting personnel to 
harassment and annoyance in conducting their official 
duties. 
76. 
Pages 1112-
1115 
Attachment to email chain 
above dated February 10-11, 
2021 
Draft copy of rollout 
documents for 
Department of Education 
school reopening and 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
documents reflecting comment bubbles with 
recommendations, redlined draft language, and 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 73 of 130

 
Vaughn II 
Page 38 of 41 
 
CDC school reopening, 
including draft talking 
points and draft 
questions and answers 
highlighted material for further consideration.  Release 
would compromise the deliberative process of the agency 
in administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner for inclusion in and 
specific presentation and language of policy 
considerations. 
77. 
Pages 1116-
1119 
Email chain with attachment 
starting on 2/10/21 with an 
email from EOP Deputy 
Communications Director to 
CDC Acting Associate 
Director for Communication 
et al., and ending 2/10/21 with 
an email from ED Asst. Sec. 
for Communications to CDC 
Acting Associate Director for 
Communication et al. 
Contents of email chain 
include discussion of 
opinions about, and 
recommendations for 
planning, strategy, and 
coordination of school 
reopening guidance 
rollout between CDC 
and Department of 
Education 
 
EOP email addresses and 
phone numbers  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional deliberations 
discussing, opining on, and recommending plans, strategy, 
and coordination of school reopening guidance rollout 
between CDC and Department of Education.  The release 
of this internal information would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on intra- and inter-agency communications 
and reduce the ability of agency officials to deliberate in a 
meaningful manner on methods of and strategies for 
communicating with the public on pending agency 
policies. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
EOP email addresses and phone numbers could 
reasonably be expected to constitute an unwarranted 
invasion of personal privacy by subjecting personnel to 
harassment and annoyance in conducting their official 
duties. 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 74 of 130

 
Vaughn II 
Page 39 of 41 
 
78. 
Pages 1120-
1123 
Attachment to email chain 
above dated February 10-11, 
2021  
Draft copy of rollout 
documents for 
Department of Education 
school reopening and 
CDC school reopening, 
including draft talking 
points and draft 
questions and answers 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
documents reflecting comment bubbles with 
recommendations, redlined draft language, and 
highlighted material for further consideration.  Release 
would compromise the deliberative process of the agency 
in administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner for inclusion in and 
specific presentation and language of policy 
considerations. 
79. 
Pages 1124-
1135 
Email with attachment on 
2/12/21 from CDC Acting 
Associate Director for 
Communication to HHS 
Deputy Asst. Sec. for Public 
Affairs and ED Asst. Sec. for 
Communications 
Content in body of the 
email contains 
discussion on a Q&A 
pertaining to the rollout 
plan 
 
Draft Q&A from rollout 
plan 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of information for inclusion in draft 
questions and answers document from the rollout plan. 
Release would compromise the deliberative process of the 
agency in administrative matters requiring open, frank 
discussions on matters of policy between staff members.  
This would result in a chilling effect on intra- and inter-
agency communications and reduce the ability of agency 
officials and their counterparts to deliberate in a 
meaningful and collaborative manner to create policy.  
80. 
Pages 1136-
1201 
Email chain with attachment 
starting on 2/1/21 with an 
email from CDC CoS to HHS 
Asst Sec for Preparedness and 
Response, cc’d CDC Director, 
et al., and ending on 2/2/21 
with an email from CDC CoS 
to HHS CoS 
Content in the body of 
the email contains 
discussion on edits made 
to K-12 schools 
operational strategy 
document  
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of discussions on comments, 
suggestions, thoughts, edits and updates to the draft K-12 
operational strategy and processes for review, as well as  
and pre-decisional drafts with comment bubbles 
recommending changes, notes, and highlighted text. 
Release would compromise the deliberative process of the 
agency in administrative matters requiring open, frank 
discussions on matters of policy between staff members.  
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 75 of 130

 
Vaughn II 
Page 40 of 41 
 
Draft of K-12 schools 
operational strategy and 
processes for review 
 
 
This would result in a chilling effect on agency 
communications and hinder the ability of agency officials 
to deliberate in a candid and meaningful manner on policy 
considerations. 
81. 
Pages 1202-
1272 
Email with attachment sent on 
2/1/21 from CDC CoS to 
HHS Asst Sec for 
Preparedness and Response, 
cc’d CDC Director, et al. 
Content in the body of 
the email contains 
discussion on edits made 
to K-12 schools 
operational strategy 
document and processes 
for review 
 
Draft of K-12 schools 
operational strategy  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of discussions on comments, 
suggestions, thoughts, edits and updates to the K-12 
operational strategy and draft and processes for review, as 
well as and pre-decisional drafts with comment bubbles 
recommending changes, notes, and highlighted text. 
Release would compromise the deliberative process of the 
agency in administrative matters requiring open, frank 
discussions on matters of policy between staff members.  
This would result in a chilling effect on agency 
communications and hinder the ability of agency officials 
to deliberate in a candid and meaningful manner on policy 
considerations. 
82. 
Pages 1273 
Email chain with attachment 
starting on 2/7/21 from CDC 
Branch Chief to CDC 
Division Director et al., and 
ending on 2/8/21 with an 
email from CDC Division 
Director to CDC Director 
Content of email chain 
consists of discussion of 
preparation and drafting 
of briefing materials for 
President on school 
opening  
 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion of preparing 
materials to brief the President.  Release would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on specific 
presentation of information under policy consideration. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of deliberative discussion of 
preparing materials to brief the President.  Redacted 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 76 of 130

 
Vaughn II 
Page 41 of 41 
 
material reveals information the President and his advisers 
asked for and received.  Release would reveal internal 
discussions and strategy on how to conduct daily business 
and would compromise the President’s ability to receive 
candid and informed opinions from his advisers. 
83 
Pages 1274-
1291 
Attachment to email chain 
above dated February 7-8, 
2021 
Draft materials for 
briefing President on 
school opening 
questions, including draft 
talking points and draft 
question and answers 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
briefing materials, including redlined material, comment 
bubbles recommending changes, and highlighted text.  
Release would compromise the deliberative process of the 
agency in administrative matters requiring open, frank 
discussions on matters of policy between staff members.  
This would result in a chilling effect on intra and inter-
agency communications and reduce the ability of agency 
officials to deliberate in a meaningful manner for 
inclusion in and specific presentation and language of 
policy considerations. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of pre-decisional and 
deliberative draft briefing materials, including redlined 
material, comment bubbles recommending changes, and 
highlighted text.  Redacted material reveals information 
the President and his advisers asked for and received.  
Release would reveal internal discussions and strategy on 
how to conduct daily business and would compromise the 
President’s ability to receive candid and informed 
opinions from his advisers. 
 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 77 of 130

Vaughn III 
Page 1 of 42 
 
American Public Trust v. HHS  
Case No. 21-cv-02834 
 
Vaughn Index of Information Withheld/Redacted from November 29, 2021 Release 
 
 
Final Release Part 1 (535 pages)  
 
Item 
 
Document  
 
Document Identification  
 
 
Description of 
Withheld Material 
 
Basis for Withholding 
1. 
Pages 1-2 
Email sent on 2/3/21 from 
CDC Acting Associate 
Director for Communication 
to CDC Director 
Content in the body of 
the email contains 
talking points for an 
upcoming interview  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of language that could be used in talking 
points for upcoming interview between the CDC Director 
and MSNBC.  The release of this internal information 
would compromise the deliberative process of the agency 
in administrative matters requiring open, frank discussions 
on decision-making and policy between staff members.  
This would result in a chilling effect on intra- and inter-
agency communications and reduce the ability of agency 
officials to deliberate in a meaningful manner on methods 
of communicating and engaging with the public. 
 
2. 
Pages 3-34 
Email with attachment sent on 
2/11/21 from HHS Deputy 
Asst. Sec. to HHS CoS, CDC 
CoS, and HHS Asst. Sec. for 
Preparedness and Response 
Content in the body of 
the email contains 
discussion on edits made 
to K-12 schools 
operational strategy 
document 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion on edits made 
to guidance, and pre-decisional and deliberative draft 
materials, including comment bubbles recommending 
changes.  Release would compromise the deliberative 
process of the agency in administrative matters requiring 
open, frank discussions on matters of policy between staff 
members.  This would result in a chilling effect on agency 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 78 of 130

Vaughn III 
Page 2 of 42 
 
Draft of K-12 schools 
operational strategy  
communications and hinder the ability of agency officials 
to deliberate in a candid and meaningful manner on policy 
considerations. 
3. 
Pages 35-36 
Email chain with attachment 
starting on 2/8/21 from EOP 
Covid Response Team 
Testing Coordinator to CDC 
CoS et al., and ending on 
2/8/21 with an email from 
CDC CoS to EOP Covid 
Response Team Testing 
Coordinator, CDC Director et 
al.  
Content of email chain 
consists of discussion of 
preparation and staging 
of briefing materials for 
President on school 
opening questions 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion of preparing, 
staging, and logistics of materials to brief the President.  
Release would compromise the deliberative process of the 
agency in administrative matters requiring open, frank 
discussions on matters of policy between staff members.  
This would result in a chilling effect on intra and inter-
agency communications and reduce the ability of agency 
officials to deliberate in a meaningful manner on specific 
presentation of information under policy consideration. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of deliberative discussion of 
preparing, staging, and logistics of materials to brief the 
President.  Redacted material reveals information the 
President and his advisers asked for and received.  Release 
would reveal internal discussions and strategy on how to 
conduct daily business and would compromise the 
President’s ability to receive candid and informed 
opinions from his advisers. 
4. 
Pages 37-51 
Attachment to email chain 
above dated February 8, 2021 
Draft materials for 
briefing President on 
school opening questions 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative 
briefing materials, including draft presentation.  Release 
would compromise the deliberative process of the agency 
in administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner for inclusion in and 
specific presentation and language of policy 
considerations. 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 79 of 130

Vaughn III 
Page 3 of 42 
 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of pre-decisional and 
deliberative draft briefing materials, including a draft 
presentation.  Redacted material reveals information the 
President and his advisers asked for and received.  Release 
would reveal internal discussions and strategy on how to 
conduct daily business and would compromise the 
President’s ability to receive candid and informed 
opinions from his advisers. 
 
5. 
Pages 57-132 Draft records attached to 
email sent on 1/27/21 from 
CDC CoS to HHS CoS 
Drafts of phased 
mitigation and school 
operational plan 
documents   
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional drafts with comment 
bubbles recommending changes, notes, and highlighted 
text. Release would compromise the deliberative process 
of the agency in administrative matters regarding open, 
frank discussions on matters of policy.  This would result 
in a chilling effect on agency communications and hinder 
the ability of agency officials to deliberate in a candid and 
meaningful manner on policy considerations. 
 
6. 
Page 133 
Email with attachment sent on 
2/19/21 from CDC Deputy 
Director of Washington 
Office to HHS Legislative 
Analyst et al., CC’d Director 
of Washington Office et al. 
Content in email 
contains suggestion for 
congressional committee 
briefing regarding school 
guidance 
Exemption (b)(5), Deliberative Process Privilege: redacted 
material consists of discussion about a suggestion to 
Energy and Commerce Committee.  Release would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on agency communications and 
hinder the ability of agency officials to deliberate in a 
candid and meaningful manner on policy considerations. 
7. 
Pages 139-
140 
Email chain starting on 
1/29/21 from CDC Director of 
NCIRD to CDC CoS and 
ending on 1/29/21 with an 
Content in the body of 
the email contains 
discussion on proposed 
responses to questions 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of proposed answers to questions on 
school reopening guidance.  The release of this internal 
information would compromise the deliberative process of 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 80 of 130

Vaughn III 
Page 4 of 42 
 
email from CDC Branch 
Chief to Engagement to CDC 
Acting Associate Director for 
Communication 
relating to school 
reopening 
 
 
 
the agency in administrative matters requiring open, frank 
discussions on policy between staff members.  This would 
result in a chilling effect on agency communications and 
hinder the ability of agency officials to deliberate in a 
candid and meaningful manner on policy considerations. 
 
8. 
Pages 141-
163 
Email chain with attachment 
starting on 1/23/21 from CDC 
CoS to CDC Director et al., 
and ending on 1/25/21 from 
CDC CoS to CDC Principal 
Deputy Incident Manager 
Content in the body of 
the emails contains 
discussion on edits to 
draft guidance, and when 
the guidance should be 
released  
 
Draft K-12 school 
operational strategy  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
briefing materials, including redlined material, comment 
bubbles recommending changes, and highlighted text.  
Release would compromise the deliberative process of the 
agency in administrative matters requiring open, frank 
discussions on matters of policy between staff members.  
This would result in a chilling effect on intra and inter-
agency communications and reduce the ability of agency 
officials to deliberate in a meaningful manner for 
inclusion in and specific presentation and language of 
policy considerations. 
9. 
Pages 168-
198 
Records attached to email sent 
on 2/10/21 from HHS Asst. 
Sec. for Preparedness and 
Response to CDC CoS.  
Draft K-12 operational 
strategy  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
briefing materials, including redlined material, comment 
bubbles recommending changes, and highlighted text.  
Release would compromise the deliberative process of the 
agency in administrative matters requiring open, frank 
discussions on matters of policy between staff members.  
This would result in a chilling effect on intra and inter-
agency communications and reduce the ability of agency 
officials to deliberate in a meaningful manner for 
inclusion in and specific presentation and language of 
policy considerations. 
10. 
Pages 200-
203 
Records attached to email sent 
on 2/12/21 to CDC Director  
Draft press release  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of a draft script, including comment 
bubbles recommending changes, for an upcoming press 
brief. Release of draft scripts could lead to public 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 81 of 130

Vaughn III 
Page 5 of 42 
 
confusion as to the agency’s actual position. Release 
would compromise the deliberative process of the agency 
in administrative matters regarding open, frank 
discussions on matters of policy between staff.  This 
would result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for communicating and engaging with the 
public and interested parties on pending agency policies. 
11. 
Page 204 
Email sent on 2/11/21 from 
CDC CoS to CDC Director 
and CDC Division Director 
Content in the body of an 
email contains a list of 
edits to school guidance 
document  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of edits that need to be made to the 
school guidance.  Release would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on agency communications and hinder the 
ability of agency officials to deliberate in a candid and 
meaningful manner on policy considerations. 
 
12. 
Pages 206-
245 
Records attached to email sent 
on 1/21/21 from CDC CoS to 
Executive Assistant to the 
Director  
 
  
Draft school reopening 
guidance outline 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
materials for upcoming briefings and meetings.  Release 
would compromise the deliberative process of the agency 
in administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on agency communications and 
hinder the ability of agency officials to deliberate in a 
candid and meaningful manner on policy considerations. 
13. 
Pages 246-
247 
Email sent on 2/7/21 from 
CDC Director to CDC CoS 
and CDC Division Director  
Content of email chain 
consists of discussion of 
preparation and drafting 
of briefing materials for 
President on school 
opening questions 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion of preparing 
materials and suggested content of materials to brief the 
President.  Release would compromise the deliberative 
process of the agency in administrative matters requiring 
open, frank discussions on matters of policy between staff 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 82 of 130

Vaughn III 
Page 6 of 42 
 
members.  This would result in a chilling effect on intra 
and inter-agency communications and reduce the ability 
of agency officials to deliberate in a meaningful manner 
on specific presentation of information under policy 
consideration. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of deliberative discussion of 
preparing materials and suggested content of materials to 
brief the President.  Redacted material reveals information 
the President and his advisers asked for and received.  
Release would reveal internal discussions and strategy on 
how to conduct daily business and would compromise the 
President’s ability to receive candid and informed 
opinions from his advisers. 
14. 
Pages 248-
252 
Email with attachment sent on 
2/11/21 from CDC Acting 
Associate Director for 
Communication to CDC Lead 
Health Communications 
Specialist et al.  
Content in the body of 
the emails contains 
discussion relating edits 
needing to be made to 
the White House covid 
press briefing  
 
Draft White House covid 
press briefing remarks 
 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of portions of a draft script, including 
highlighted parts that need to be edited for an upcoming 
press brief. Release of draft scripts could lead to public 
confusion as to the agency’s actual position. Release 
would compromise the deliberative process of the agency 
in administrative matters regarding open, frank 
discussions on matters of policy between staff.  This 
would result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for communicating and engaging with the 
public and interested parties on pending agency policies. 
15. 
Pages 253-
263 
Email chain with attachment 
starting on 2/12/21 from CDC 
Acting Associate Director for 
Communication to CDC 
Director and ending on 
2/12/21 with an email from 
Content in the body of 
the emails contains 
discussion relating edits 
needing to be made to 
the White House covid 
press briefing  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional drafts on briefing 
materials with comment bubbles recommending changes, 
notes, and highlighted text. Release would compromise 
the deliberative process of the agency in administrative 
matters regarding open, frank discussions on matters of 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 83 of 130

Vaughn III 
Page 7 of 42 
 
CDC CoS to CDC Director 
Washington Office  
 
Draft White House covid 
press briefing remarks 
 
policy between staff.  This would result in a chilling effect 
on intra- and inter-agency communications and reduce the 
ability of agency officials to deliberate in a meaningful 
manner on methods of and strategies for communicating 
and engaging with the public and interested parties on 
pending agency policies. 
 
16. 
Pages 264-
294 
Email chain with attachment 
starting on 1/19/21 from CDC 
Branch Chief to CDC 
functional clearance mailbox 
and ending on 1/23/21 with an 
email from CDC clearance 
mailbox to CDC Acting 
Associate Director for 
Communication, et al. 
Content in the emails 
discussing the internal 
clearance process, and 
incorporating changes 
from clearance on K-12 
schools operational 
strategy 
 
Draft K-12 schools 
operational strategy  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion relating to 
school guidance, and pre-decisional drafts with comment 
bubbles recommending changes, notes, and highlighted 
text. Release would compromise the deliberative process 
of the agency in administrative matters regarding open, 
frank discussions on matters of policy between staff.  This 
would result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for communicating and engaging with the 
public and interested parties on pending agency policies. 
17. 
Pages 295-
362 
Email chain with attachment 
starting 2/11/21 from CDC 
Public Health Analyst to CDC 
Branch Chief et.al and ending 
on 2/11/21 with an email from 
Deputy Director of IMAC to 
CDC CoS et al.  
Content in the body of 
the email contains 
comments and edits from 
reviewers of the K-12 
operational strategy 
 
Drafts of K-12 Schools 
Operational strategy 
 
Cell number 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion relating to 
school guidance, and pre-decisional drafts with comment 
bubbles recommending changes, notes, and highlighted 
text. Release would compromise the deliberative process 
of the agency in administrative matters regarding open, 
frank discussions on matters of policy between staff.  This 
would result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for communicating and engaging with the 
public and interested parties on pending agency policies. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
phone numbers could reasonably be expected to constitute 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 84 of 130

Vaughn III 
Page 8 of 42 
 
an unwarranted invasion of personal privacy by subjecting 
personnel to harassment and annoyance in conducting 
their official duties. 
18. 
Pages 364-
377 
Records attached to email sent 
on 2/13/21 from CDC Deputy 
Chief to CDC Director  
Draft briefing and 
preparation material for 
upcoming interviews on 
school guidance 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of updates to a memo and draft talking 
points for upcoming interviews. The release of this 
internal information would compromise the deliberative 
process of the agency in administrative matters requiring 
open, frank discussions on matters of policy between staff 
members. This would result in a chilling effect on intra- 
and inter-agency communications and reduce the ability 
of agency officials to deliberate in a meaningful manner 
on methods of and strategies for communicating and 
engaging with the public and interested parties on pending 
agency policies. 
19. 
Pages 378-
380 
Email chain with attachment 
starting on 2/5/21 from EOP 
Covid Response Team 
Testing Coordinator to CDC 
Director and ending on 2/7/21 
with an email from CDC 
Division Director to CDC 
Acting Associate Director for 
Communication 
Content of email chain 
consists of discussion of 
preparation and drafting 
of briefing materials for 
President on school 
opening questions 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion of preparing 
materials to brief the President.  Release would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on specific 
presentation of information under policy consideration. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of deliberative discussion of 
preparing materials to brief the President.  Redacted 
material reveals information the President and his advisers 
asked for and received.  Release would reveal internal 
discussions and strategy on how to conduct daily business 
and would compromise the President’s ability to receive 
candid and informed opinions from his advisers. 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 85 of 130

Vaughn III 
Page 9 of 42 
 
20. 
Pages 381-
398 
Attachment to email chain 
above dated February 5-7, 
2021 
Draft materials for 
briefing President on 
school opening 
questions, including draft 
talking points and draft 
question and answers 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
briefing materials, including redlined material, comment 
bubbles recommending changes, and highlighted text.  
Release would compromise the deliberative process of the 
agency in administrative matters requiring open, frank 
discussions on matters of policy between staff members.  
This would result in a chilling effect on intra and inter-
agency communications and reduce the ability of agency 
officials to deliberate in a meaningful manner for 
inclusion in and specific presentation and language of 
policy considerations. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of pre-decisional and 
deliberative draft briefing materials, including redlined 
material, comment bubbles recommending changes, and 
highlighted text.  Redacted material reveals information 
the President and his advisers asked for and received.  
Release would reveal internal discussions and strategy on 
how to conduct daily business and would compromise the 
President’s ability to receive candid and informed 
opinions from his advisers. 
21. 
Pages 399-
468 
Email with attachment sent on 
2/11/21 from Principal 
Deputy Incident Manager to 
CDC CoS  
Content in the body of 
the email contains 
discussion on what 
should and should not be 
posted as well as 
additional changes that 
are needed for school 
guidance documents  
 
Draft school guidance 
documents  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist deliberative discussion relating to school 
guidance, and pre-decisional drafts with comment bubbles 
recommending changes, notes, and highlighted text. 
Release would compromise the deliberative process of the 
agency in administrative matters regarding open, frank 
discussions on matters of policy between staff.  This 
would result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 86 of 130

Vaughn III 
Page 10 of 42 
 
 
strategies for communicating and engaging with the 
public and interested parties on pending agency policies. 
22. 
Pages 469-
471 
Email sent on 2/12/21 from 
CDC Public Health Analyst 
with CDC Director of 
Washington Office cc’d. 
 
Internal conference line 
with passcode for 
Capitol Hill 
announcement  
Exemption (b)(6), Personal Privacy Interests: Release of 
phone number and passcode would be an unwarranted 
invasion of privacy for future staff teleconferences and 
communications and would subject personnel to 
harassment and annoyance in conducting their official 
duties.  
23. 
Pages 477-
478 
Email chain starting on 
1/26/21 from CDC CoS to 
HHS Asst. Sec. for 
Preparedness and Response, 
et al., and ending on 1/26/21 
with an email from CDC 
Principal Deputy Director to 
CDC Public Health Analyst 
Summaries and titles of 
various documents to be 
discussed at a school 
guidance and phased 
mitigation prep meeting 
between CDC and HHS 
 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of a list of pre-decisional documents and 
a summary of what the documents contain or should 
contain.  Release would compromise the deliberative 
process of the agency in administrative matters regarding 
open, frank discussions on matters of policy. 
  
24. 
Pages 480-
482 
Records attached to email sent 
on 2/7/21 from HHS Deputy 
Asst. Sec. for Public Affairs 
to CDC Acting Associate 
Director for Communication 
et al.  
Draft school opening 
rollout 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of draft school reopening rollout that 
contains comment bubbles recommending changes, notes, 
and highlighted text. Release would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on agency communications and hinder the 
ability of agency officials to deliberate in a candid and 
meaningful manner on policy considerations. 
25. 
Pages 484-
486 
Records attached to email 
chain starting on 2/5/21 from 
CDC Acting Associate 
Director for Communication 
to HHS CoS and ending on 
2/7/21 with an email from 
HHS CoS to CDC Acting 
Draft school opening 
rollout 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of draft school reopening rollout that 
contains comment bubbles recommending changes, notes, 
and highlighted text. Release would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on agency communications and hinder the 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 87 of 130

Vaughn III 
Page 11 of 42 
 
Associate Director for 
Communication et al.  
ability of agency officials to deliberate in a candid and 
meaningful manner on policy considerations. 
26. 
Pages 498-
535 
Records attached to email sent 
on 2/9/21 from CDC Public 
Health Analyst to CDC 
Director of Washington 
Office 
Draft schools science 
brief and K-12 schools 
operational strategy  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional drafts with comment 
bubbles recommending changes, notes, and highlighted 
text. Release would compromise the deliberative process 
of the agency in administrative matters regarding open, 
frank discussions on matters of policy.  This would result 
in a chilling effect on agency communications and hinder 
the ability of agency officials to deliberate in a candid and 
meaningful manner on policy considerations. 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 88 of 130

Vaughn III 
Page 12 of 42 
 
Final Release Parts 2 & 3 (1132 pages) 
27. 
Pages 2-4 
Records attached to email sent 
on 2/12/21 from CDC CoS to 
CDC Director 
Education guidance 
rollout document 
contained talking points 
for CDC Director and 
congressional committee 
members  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative talking 
points.  Release would compromise the deliberative 
process of the agency in administrative matters requiring 
open, frank discussions on matters of policy between staff 
members.  This would result in a chilling effect on agency 
communications and hinder the ability of agency officials 
to deliberate in a candid and meaningful manner on policy 
considerations. 
28. 
Pages 6-7 
Email chain with attachment 
starting on 2/10/21 from EOP 
Policy Advisor to CDC CoS 
et al., and ending on 2/11/21 
with an email from CDC CoS 
to CDC Acting Associate 
Director for Communication 
et al. 
 
EOP email addresses, 
phone numbers and 
passcodes for a zoom 
meeting 
  
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses and passwords could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to harassment 
and annoyance in conducting their official duties.   
 
29. 
Pages 8-39 
Attachment to email chain 
above dated 2/10/21 to 
2/11/21 
Draft K-12 operation 
strategy  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional drafts with comment 
bubbles recommending changes, notes, and highlighted 
text. Release would compromise the deliberative process 
of the agency in administrative matters regarding open, 
frank discussions on matters of policy.  This would result 
in a chilling effect on agency communications and hinder 
the ability of agency officials to deliberate in a candid and 
meaningful manner on policy considerations. 
30. 
Pages 41-42 
Records attached to email sent 
on 2/11/21 from CDC Acting 
Associate Director for 
Communication to HHS 
Draft K-12 operational 
strategy fact sheet  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
materials.  Release would compromise the deliberative 
process of the agency in administrative matters requiring 
open, frank discussions on matters of policy between staff 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 89 of 130

Vaughn III 
Page 13 of 42 
 
Deputy Asst. Sec. for Public 
Affairs 
 
members.  This would result in a chilling effect on agency 
communications and hinder the ability of agency officials 
to deliberate in a candid and meaningful manner on policy 
considerations. 
31. 
Pages 44-75 
Records attached to email sent 
on 2/11/21 from CDC 
Division Director to CDC 
CoS  
Draft K-12 operational 
strategy   
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
materials with edits.  Release would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on agency communications and hinder the 
ability of agency officials to deliberate in a candid and 
meaningful manner on policy considerations. 
32. 
Pages 76-113 Email chain with attachment 
starting on 2/10/21 from CDC 
Division Director to CDC 
Director, and ending on 
2/11/21 with an email from 
CDC Division Director to 
CDC Director  
Content in the body of 
the email discussing 
edits made to k-12 
operational strategy 
 
Draft K-12 operational 
strategy and draft 
response to follow up 
questions from the White 
House 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion on edits 
relating to school guidance, and pre-decisional drafts and 
comments recommending changes, and highlighted text. 
Release would compromise the deliberative process of the 
agency in administrative matters regarding open, frank 
discussions on matters of policy between staff.  This 
would result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for communicating and engaging with the 
public and interested parties on pending agency policies. 
33. 
Page 114 
Email sent 2/4/21 from CDC 
Acting Associate Director for 
Communication to CDC 
Director 
 
  
Content in the body of 
the email contains draft 
response to a question 
from CNN 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of a proposed answer to a question on 
school reopening guidance.  The release of this internal 
information would compromise the deliberative process of 
the agency in administrative matters requiring open, frank 
discussions on policy between staff members.  This would 
result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 90 of 130

Vaughn III 
Page 14 of 42 
 
strategies for communicating and engaging with the 
public and interested parties on pending agency policies. 
34. 
Pages 115-
116 
Email sent on 2/4/21 to CDC 
Director   
Content in the body of 
the email contains draft 
responses to questions 
from the press 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of proposed answers to questions on 
school reopening guidance.  The release of this internal 
information would compromise the deliberative process of 
the agency in administrative matters requiring open, frank 
discussions on policy between staff members.  This would 
result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for communicating and engaging with the 
public and interested parties on pending agency policies. 
35. 
Pages 118-
149 
Records attached to email sent 
on 2/11/21 from CDC CoS to 
CDC Director, et al. 
Draft K-12 operational 
strategy   
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
materials with edits.  Release would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on agency communications and hinder the 
ability of agency officials to deliberate in a candid and 
meaningful manner on policy considerations. 
36. 
Pages 151-
181 
Records attached to email sent 
on 2/12/21 from CDC Acting 
Associate Director for 
Communication to HHS CoS 
et al. 
Draft K-12 operations 
strategy  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
materials with edits.  Release would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on agency communications and hinder the 
ability of agency officials to deliberate in a candid and 
meaningful manner on policy considerations. 
37. 
Pages 183-
184 
Records attached to email sent 
on 2/12/21 from CDC CoS to 
CDC Director  
Talking points for school 
rollout  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative talking 
points for upcoming briefings by the Director.  Release 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 91 of 130

Vaughn III 
Page 15 of 42 
 
would compromise the deliberative process of the agency 
in administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on agency communications and 
hinder the ability of agency officials to deliberate in a 
candid and meaningful manner on policy considerations. 
38. 
Page 185 
Email with attachment dated 
2/8/21 from CDC Division 
Director to CDC Director 
with copy to CDC Principal 
Deputy Director and CDC 
CoS 
 
Content of email chain 
consists of discussion of 
preparation and drafting 
of briefing materials for 
President on school 
opening questions 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion of preparing 
materials to brief the President.  Release would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on specific 
presentation of information under policy consideration. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of deliberative discussion of 
preparing materials to brief the President.  Redacted 
material reveals information the President and his advisers 
asked for and received.  Release would reveal internal 
discussions and strategy on how to conduct daily business 
and would compromise the President’s ability to receive 
candid and informed opinions from his advisers. 
39. 
Pages 186-
200 
Attachment to email chain 
above dated February 8, 2021 
Draft materials for 
briefing President on 
school opening 
questions, including draft 
presentation 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
briefing materials, including draft presentation.  Release 
would compromise the deliberative process of the agency 
in administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner for inclusion in and 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 92 of 130

Vaughn III 
Page 16 of 42 
 
specific presentation and language of policy 
considerations. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of pre-decisional and 
deliberative draft briefing materials, including a draft 
presentation.  Redacted material reveals information the 
President and his advisers asked for and received.  Release 
would reveal internal discussions and strategy on how to 
conduct daily business and would compromise the 
President’s ability to receive candid and informed 
opinions from his advisers. 
40. 
Page 201 
Email chain beginning and 
ending on 2/20/21 with an 
email from Director of 
National Institute of Allergy 
and Infectious Diseases 
(NIAID) to CDC Director, 
and ending with an email 
from CDC Director to CDC 
Principal Deputy Director and 
a Division Director 
NIAID email addresses 
and phone numbers of 
high-ranking officials 
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses and phone numbers could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to 
harassment and annoyance in conducting their official 
duties. 
 
41. 
Pages 218-
219 
 
Email chain starting on 
2/10/21 from EOP Special 
Asst. to the President to EOP 
Special Asst. to the President 
and Senate Legislative Affairs 
Liaison, and ending on 
2/11/21 with an email from 
the CDC Director of the 
Washington Office to CDC 
CoS, et al.  
 
Content in the body of 
emails discussing 
inquiries relating to 
public reports on school 
reopening 
 
EOP email addresses 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion regarding 
reaction to release of school reopening guidance.  The 
release of this internal information would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on intra- and inter-agency communications 
and reduce the ability of agency officials to deliberate in a 
meaningful manner on methods of and strategies for 
communicating with congressional counterparts on 
pending agency policies. 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 93 of 130

Vaughn III 
Page 17 of 42 
 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
White House EOP email addresses could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to harassment 
and annoyance in conducting their official duties. 
42. 
Page 220 
Email chain starting on 
2/16/21 from writer at 
PolitiFact to EOP press and 
ending on 2/16/21 with an 
email from CDC Action 
Associate Director for 
Communication to CDC Lead 
Health Communications 
Specialist et al.  
EOP email addresses 
Exemption (b)(6), Personal Privacy Interests: Release of 
White House EOP email addresses could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to harassment 
and annoyance in conducting their official duties. 
43. 
Pages 221- 
286 
Email chain with attachment 
starting on 2/11/21 from CDC 
Lead Public Health Analyst to 
CDC CoS and ending on 
2/12/21 with an email from 
CDC CoS to CDC Director et 
al.   
Discussion in the body 
of the email relates to 
edits that need to be 
made to school guidance 
based on feedback and 
comments from 
reviewers 
 
Drafts of K-12 schools 
operational strategy 
 
Lead Public Health 
Analyst cell number 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion on edits 
relating to school guidance, and pre-decisional drafts with 
comment bubbles recommending changes, notes, and 
highlighted text. Release would compromise the 
deliberative process of the agency in administrative 
matters regarding open, frank discussions on matters of 
policy.  This would result in a chilling effect on agency 
communications and hinder the ability of agency officials 
to deliberate in a candid and meaningful manner on policy 
considerations. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses and phone numbers could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to 
harassment and annoyance in conducting their official 
duties.   
 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 94 of 130

Vaughn III 
Page 18 of 42 
 
44. 
Pages 287-
356 
Email chain with attachment 
starting on 2/8/21 from HHS 
Policy Coordinator to CDC 
Lead Public Health Analyst 
and ending on 2/11/21 with an 
email from HHS Policy 
Coordinator to CDC Lead 
Public Health Analyst 
Discussion in the body 
of the email relates to 
edits that need to be 
made to school guidance 
based on feedback and 
comments received from 
other agency reviewers 
 
Drafts of K-12 schools 
operational strategy 
 
Lead Public Health 
Analyst cell number 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion on edits 
relating to school guidance, and pre-decisional drafts with 
comment bubbles recommending changes, notes, and 
highlighted text. Release would compromise the 
deliberative process of the agency in administrative 
matters regarding open, frank discussions on matters of 
policy.  This would result in a chilling effect on agency 
communications and hinder the ability of agency officials 
to deliberate in a candid and meaningful manner on policy 
considerations. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses and phone numbers could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to 
harassment and annoyance in conducting their official 
duties.   
45. 
Pages 357-
391 
Email chain with attachment 
starting on 2/8/21 from HHS 
Policy Coordinator to CDC 
Lead Public Health Analyst 
and ending on 2/11/21 with an 
email from HHS Policy 
Coordinator to CDC Lead 
Public Health Analyst 
Content in the body of 
emails discusses the edits 
made to the draft school 
guidance document, and 
timing of potential 
release of guidance 
 
Draft K-12 school 
operational strategy 
 
Lead Public Health 
Analyst cell number 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion on edits 
relating to school guidance, and pre-decisional drafts with 
comment bubbles recommending changes, notes, and 
highlighted text. Release would compromise the 
deliberative process of the agency in administrative 
matters regarding open, frank discussions on matters of 
policy.  This would result in a chilling effect on agency 
communications and hinder the ability of agency officials 
to deliberate in a candid and meaningful manner on policy 
considerations. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses and phone numbers could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 95 of 130

Vaughn III 
Page 19 of 42 
 
harassment and annoyance in conducting their official 
duties.   
46. 
Pages 392-
488 
Email chain with attachment 
starting on 2/8/21 from HHS 
Policy Coordinator to CDC 
Lead Public Health Analyst 
and ending on 2/11/21 with an 
email from HHS Policy 
Coordinator to CDC Lead 
Public Health Analyst 
Content in the body of 
emails discusses the edits 
made to the draft school 
guidance document, and 
timing of potential 
release of guidance 
 
Drafts of K-12 school 
operational strategy 
 
Lead Public Health 
Analyst cell number 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion on edits 
relating to school guidance, and pre-decisional drafts with 
comment bubbles recommending changes, notes, and 
highlighted text. Release would compromise the 
deliberative process of the agency in administrative 
matters regarding open, frank discussions on matters of 
policy.  This would result in a chilling effect on agency 
communications and hinder the ability of agency officials 
to deliberate in a candid and meaningful manner on policy 
considerations. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses and phone numbers could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to 
harassment and annoyance in conducting their official 
duties.   
47. 
Pages 489-
523 
Email chain with attachment 
starting on 2/9/21 from CDC 
Lead Public Health Analyst to 
HHS Policy Coordinator and 
ending on 2/10/21 with an 
email from CDC CoS to HHS 
CoS et al. 
Content in the body of 
emails discusses the edits 
made to the draft school 
guidance document, and 
timing of potential 
release of guidance 
 
Draft K-12 school 
operational strategy 
 
Lead Public Health 
Analyst cell number 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion on draft 
language for draft guidance, and pre-decisional drafts with 
comment bubbles recommending changes, notes, and 
highlighted text. Release would compromise the 
deliberative process of the agency in administrative 
matters regarding open, frank discussions on matters of 
policy.  This would result in a chilling effect on agency 
communications and hinder the ability of agency officials 
to deliberate in a candid and meaningful manner on policy 
considerations. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses and phone numbers could reasonably be 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 96 of 130

Vaughn III 
Page 20 of 42 
 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to 
harassment and annoyance in conducting their official 
duties.   
48. 
Pages 525-
567 
Records attached to email sent 
on 1/17/21 from CDC 
Principal Deputy Director to 
CDC Division Director  
Draft School Reopening 
Guidance Vol. 1 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
materials with edits.  Release would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on agency communications and hinder the 
ability of agency officials to deliberate in a candid and 
meaningful manner on policy considerations. 
49. 
Pages 568-
602 
Email chain with attachment 
starting on 2/9/21 from CDC 
Lead Public Health Analyst to 
HHS Policy Coordinator and 
ending on 2/10/21 with an 
email from CDC Deputy 
Director of IMAC to CDC 
CoS et al. 
Content in the body of 
emails discusses the edits 
made to the draft school 
guidance document, and 
timing of potential 
release of guidance 
 
Draft K-12 school 
operational strategy 
 
Lead Public Health 
Analyst cell number 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion on edits 
relating to school guidance, and pre-decisional drafts with 
comment bubbles recommending changes, notes, and 
highlighted text. Release would compromise the 
deliberative process of the agency in administrative 
matters regarding open, frank discussions on matters of 
policy.  This would result in a chilling effect on agency 
communications and hinder the ability of agency officials 
to deliberate in a candid and meaningful manner on policy 
considerations. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses and phone numbers could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to 
harassment and annoyance in conducting their official 
duties.   
50. 
Pages 604-
629 
Records attached to email sent 
on 1/20/21 from CDC 
Draft K-12 schools 
operational plan and 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
materials with edits.  Release would compromise the 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 97 of 130

Vaughn III 
Page 21 of 42 
 
Division Director to CDC 
Principal Deputy Director 
draft schools science 
brief 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on agency communications and hinder the 
ability of agency officials to deliberate in a candid and 
meaningful manner on policy considerations. 
51. 
Pages 637-
714 
Records attached to email sent 
on 1/27/21 from CDC CoS to 
HHS Asst. Sec. for 
Preparedness and Response et 
al. 
Drafts of phased 
mitigation and school 
operational plan 
documents   
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional drafts with comment 
bubbles recommending changes, notes, and highlighted 
text. Release would compromise the deliberative process 
of the agency in administrative matters regarding open, 
frank discussions on matters of policy.  This would result 
in a chilling effect on agency communications and hinder 
the ability of agency officials to deliberate in a candid and 
meaningful manner on policy considerations. 
 
52. 
Pages 716-
791 
Records attached to email sent 
on 1/27/21 from CDC 
Principal Deputy Incident 
Manager to CDC CoS  
Drafts of phased 
mitigation and school 
operational plan 
documents   
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional drafts with comment 
bubbles recommending changes, notes, and highlighted 
text. Release would compromise the deliberative process 
of the agency in administrative matters regarding open, 
frank discussions on matters of policy.  This would result 
in a chilling effect on agency communications and hinder 
the ability of agency officials to deliberate in a candid and 
meaningful manner on policy considerations. 
 
53. 
Pages 792-
793 
Email sent on 2/14/21 from 
CDC Acting Associate 
Director for Communication 
to CDC Director 
Content in the body of 
the email consists of 
draft tweets undergoing 
clearance prior to being 
made public 
Exemption (b)(5), Deliberative Process Privilege: redacted 
material consists of draft tweets summarizing media 
interview given by the Director. The release of this 
internal information would compromise the deliberative 
process of the agency in administrative matters requiring 
open, frank discussions on matters of policy between staff 
members.  This would result in a chilling effect on intra- 
and inter-agency communications and reduce the ability 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 98 of 130

Vaughn III 
Page 22 of 42 
 
of agency officials to deliberate in a meaningful manner 
on methods of and strategies for communicating and 
engaging with the public and interested parties on pending 
agency policies, including pre-decisional deliberations on 
appropriate responses to inquiries from those parties. 
54. 
Page 794 
Email chain beginning on 
2/9/21 from EOP Policy 
Advisor to CDC Acting 
Associate Director for 
Communication et al., and 
ending on 2/10/21 with an 
email from the CDC Director 
of the Washington office to a 
CDC Program Analyst  
EOP email address and 
meeting link with 
password for a zoom 
meeting 
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses and passwords could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to harassment 
and annoyance in conducting their official duties.   
 
55. 
Pages 795-
796 
Email chain starting on 
2/12/21 from ABC reporter to 
EOP Asst. Press Secretary 
and ending on 2/12/21 with an 
email from EOP Asst. Press 
Secretary to CDC Associate 
Director for Communication 
et al 
Content of email chain 
includes commentary for 
consideration on 
messaging and planning 
for rollout of school 
reopening guidance and 
deliberations on 
responding to media 
inquiries 
 
EOP email addresses  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion regarding 
commentary for consideration on messaging and planning 
for rollout of school reopening guidance and deliberations 
on responding to media inquiries.  The release of this 
internal information would compromise the deliberative 
process of the agency in administrative matters requiring 
open, frank discussions on matters of policy between staff 
members.  This would result in a chilling effect on intra- 
and inter-agency communications and reduce the ability 
of agency officials to deliberate in a meaningful manner 
on methods of and strategies for communicating with the 
public on pending agency policies. 
 
Exemption (b)(6), Personal Privacy Interests:  Release of 
email addresses could reasonably be expected to 
constitute an unwarranted invasion of personal privacy by 
subjecting personnel to harassment and annoyance in 
conducting their official duties. 
 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 99 of 130

Vaughn III 
Page 23 of 42 
 
54. 
Page 797 
Email sent on 2/14/21 from 
CDC Acting Associate 
Director for Communication 
to CDC Division Director 
Content in the body of 
the email consists of 
draft tweets undergoing 
clearance prior to being 
made public 
Exemption (b)(5), Deliberative Process Privilege: redacted 
material consists of draft tweets summarizing media 
interview given by the Director. The release of this 
internal information would compromise the deliberative 
process of the agency in administrative matters requiring 
open, frank discussions on matters of policy between staff 
members.  This would result in a chilling effect on intra- 
and inter-agency communications and reduce the ability 
of agency officials to deliberate in a meaningful manner 
on methods of and strategies for communicating and 
engaging with the public and interested parties on pending 
agency policies, including pre-decisional deliberations on 
appropriate responses to inquiries from those parties. 
55. 
Pages 798-
801 
Email chain starting on 2/1/21 
from the Director of the 
American Federation of 
Teachers (AFT) to EOP 
Covid Response Team 
Testing Coordinator, et al., 
and ending on 2/12/21 with an 
email from the CDC Division 
Director to CDC Director 
Content in body of email 
chain discussing timing 
of potential release of 
guidance, providing draft 
language for school 
reopening guidance, and 
deliberations and 
questions regarding 
stakeholder feedback on 
upcoming CDC guidance 
 
Phone number and EOP 
email addresses  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion of draft 
language for draft guidance.  Release would compromise 
the deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on intra and inter-agency communications 
and reduce the ability of agency officials to deliberate in a 
meaningful manner on considerations for inclusion in and 
specific presentation and language of policy guidance. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses and phone numbers could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to harassment 
and annoyance in conducting their official duties.   
56. 
Pages 802-
804 
Email chain starting on 2/1/21 
from the Director of the 
American Federation of 
Teachers (AFT) to EOP 
Covid Response Team 
EOP email addresses 
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses could reasonably be expected to 
constitute an unwarranted invasion of personal privacy by 
subjecting personnel to harassment and annoyance in 
conducting their official duties.   
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 100 of 130

Vaughn III 
Page 24 of 42 
 
Testing Coordinator, et al., 
and ending on 2/3/21 with an 
email from the CDC Director 
to EOP Covid Response Team 
Testing Coordinator, et al 
57. 
Page 805 
Email chain starting on 2/8/21 
from private citizen to CDC 
Director et al., and ending on 
2/9/21 from CDC CoS to 
CDC Deputy Director of 
IMAC 
Content in the body of 
the email chain 
discussion how to 
respond to inquiries from 
the public 
 
Personal email address 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative 
discussions regarding how to respond to inquiries from 
the public. The release of this internal information would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for communicating and engaging with the 
public and interested parties on pending agency policies, 
including pre-decisional deliberations on appropriate 
responses to inquiries from those parties. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
personal email address of private citizen could reasonably 
be expected to constitute an unwarranted invasion of 
personal privacy by subjecting the private citizen to 
harassment. 
58. 
Pages 807-
808 
Email chain starting on 
2/15/21 from CNN to EOP 
staff and ending on 2/15/21 
with an email from CDC 
Acting Associate Director for 
Communication to CDC 
Deputy Chief et al.  
EOP email addresses 
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses could reasonably be expected to 
constitute an unwarranted invasion of personal privacy by 
subjecting personnel to harassment and annoyance in 
conducting their official duties. 
 
59. 
Page 809 
Email chain starting on 
2/17/21 from CDC Branch 
Personal email address  
Exemption (b)(6), Personal Privacy Interests: Release of 
personal email address of private citizen could reasonably 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 101 of 130

Vaughn III 
Page 25 of 42 
 
Chief to a public school 
Superintendent and ending on 
2/18/21 from CDC Director of 
Washington Office to CDC 
Public Health Analyst  
be expected to constitute an unwarranted invasion of 
personal privacy by subjecting the private citizen to 
harassment. 
60. 
Pages 811-
813 
Email chain starting on 
1/21/21 from CDC CoS to 
WH Policy Advisor on 
COVID-19 Response et al. 
and ending on 1/21/21 with an 
email to CDC CoS, CDC 
Director, et al. 
Content in subject line of 
email chain regarding 
COVID-19 response and 
coordination 
 
EOP email addresses, 
phone numbers, meeting 
IDs, and passcodes for a 
conference line 
Exemption (b)(5), Deliberative Process Privilege:  
redacted materials consist of deliberative matters for 
planning and consideration during the COVID-19 
response.  The release of this internal information would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for responding to and coordinating the response 
to public health emergencies. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
EOP email addresses, phone numbers, meeting ID’s, and 
passcodes could reasonably be expected to constitute an 
unwarranted invasion of personal privacy by subjecting 
personnel to harassment and annoyance in conducting 
their official duties. 
 
61. 
Pages 814-
815 
Email chain starting on 
1/21/21 from CDC CoS to 
CDC Program Analyst and 
ending on 1/21/21 from CDC 
Program Analyst to CDC 
Principal Deputy Director 
Phone numbers, meeting 
IDs, and passcodes for a 
conference line  
Exemption (b)(6), Personal Privacy Interests: Release of 
phone numbers, meeting ID’s, and passcodes could 
reasonably be expected to constitute an unwarranted 
invasion of personal privacy by subjecting personnel to 
harassment and annoyance in conducting their official 
duties. 
 
62. 
Pages 816-
818 
Email chain starting on 
1/21/21 from CDC CoS to 
Content in subject line of 
email chain regarding 
Exemption (b)(5), Deliberative Process Privilege:  
redacted materials consist of deliberative matters for 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 102 of 130

Vaughn III 
Page 26 of 42 
 
WH Policy Advisor on 
COVID-19 Response and 
ending on 1/21/21 with an 
email from CDC Principal 
Deputy Director to WH 
Policy Advisor on COVID-19 
Response, et al. 
COVID-19 response and 
coordination 
 
EOP email addresses, 
phone numbers, meeting 
IDs, and passcodes for a 
conference line 
planning and consideration during the COVID-19 
response.  The release of this internal information would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for responding to and coordinating the response 
to public health emergencies. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
EOP email addresses, phone numbers, meeting ID’s, and 
passcodes could reasonably be expected to constitute an 
unwarranted invasion of personal privacy by subjecting 
personnel to harassment and annoyance in conducting 
their official duties. 
 
63. 
Pages 819-
821 
Email chain starting on 
1/21/21 from CDC CoS to 
WH Policy Advisor on 
COVID-19 Response et al. 
and ending on 1/21/21 with an 
email from CDC CoS to 
Executive Assistant to CDC 
Director 
Content in subject line of 
email chain regarding 
COVID-19 response and 
coordination 
 
EOP email addresses, 
phone numbers, meeting 
IDs, and passcodes for a 
conference line 
Exemption (b)(5), Deliberative Process Privilege:  
redacted materials consist of deliberative matters for 
planning and consideration during the COVID-19 
response.  The release of this internal information would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for responding to and coordinating the response 
to public health emergencies. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
EOP email addresses, phone numbers, meeting ID’s, and 
passcodes could reasonably be expected to constitute an 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 103 of 130

Vaughn III 
Page 27 of 42 
 
unwarranted invasion of personal privacy by subjecting 
personnel to harassment and annoyance in conducting 
their official duties. 
 
64. 
Pages 822-
855 
Email chain with attachment 
starting on 2/10/21 from EOP 
Policy Advisor to EOP Covid 
Response Team Testing 
Coordinator, et al., and ending 
on 2/11/21 with an email from 
CDC Branch Chief to EOP 
Policy Advisor et al. 
Draft K-12 operational 
strategy  
 
EOP email addresses, 
phone numbers, meeting 
IDs, and passcodes for a 
conference line  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
materials with edits.  Release would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on agency communications and hinder the 
ability of agency officials to deliberate in a candid and 
meaningful manner on policy considerations. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses, phone numbers, meeting ID’s, and 
passcodes could reasonably be expected to constitute an 
unwarranted invasion of personal privacy by subjecting 
personnel to harassment and annoyance in conducting 
their official duties. 
65. 
Pages 856-
860 
Email chain starting on 
1/29/21 from CDC Associate 
Director for Policy to CDC 
Acting Associate Director for 
Communication et al., and 
ending on 2/3/21 with an 
email from CDC Health 
Communications Specialist to 
CDC Acting Associate 
Director for Communication 
et al.  
Content in the body of 
the email contains 
commentary regarding 
the review and 
coordination of the 
rollout plan for K-12 
operational guidance 
release  
 
Phone numbers and 
meeting IDs for 
conference line 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion regarding 
planning for rollout of school reopening guidance.  The 
release of this internal information would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on intra- and inter-agency communications 
and reduce the ability of agency officials to deliberate in a 
meaningful manner on methods of and strategies for 
communicating with the public on pending agency 
policies. 
 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 104 of 130

Vaughn III 
Page 28 of 42 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
phone numbers, meeting ID’s, and passcodes could 
reasonably be expected to constitute an unwarranted 
invasion of personal privacy by subjecting personnel to 
harassment and annoyance in conducting their official 
duties. 
66. 
Pages 861-
863 
Email chain starting on 
2/11/21 from EOP Director of 
Broadcast media to CDC 
Acting Associate Director for 
Communication and ending 
on 2/11/21 with an email from 
CDC Division Director to 
CDC Acting Associate 
Director for Communication   
Content in the body of 
the email consists of 
proposals and 
considerations for 
responding to media 
requests to interview 
CDC Director  
 
Phone number of 
Director of Broadcast 
Media and EOP email 
addresses 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative 
discussions regarding considerations and 
recommendations for media and stakeholder 
communications and strategies and planning for safe 
school operating rollout.  The release of this internal 
information would compromise the deliberative process of 
the agency in administrative matters requiring open, frank 
discussions on matters of decision-making and policy 
between staff members.  This would result in a chilling 
effect on intra- and inter-agency communications and 
reduce the ability of agency officials to deliberate in a 
meaningful manner on methods of and strategies for 
communicating with the public and interested parties on 
pending agency policies. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
phone numbers and email addresses could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to harassment 
and annoyance in conducting their official duties. 
67. 
Pages 864-
865 
Email chain starting on 
2/11/21 from EOP Director of 
Broadcast media to CDC 
Acting Associate Director for 
Communication and ending 
on 2/11/21 with an email from 
CDC Deputy Chief to CDC 
Content in the body of 
the email consists of 
proposals and 
considerations for 
responding to media 
requests to interview 
CDC Director  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative 
discussions regarding considerations and 
recommendations for media and stakeholder 
communications and strategies and planning for safe 
school operating rollout.  The release of this internal 
information would compromise the deliberative process of 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 105 of 130

Vaughn III 
Page 29 of 42 
 
Acting Associate Director for 
Communication   
 
Phone number of 
Director of Broadcast 
Media and EOP email 
addresses 
the agency in administrative matters requiring open, frank 
discussions on matters of decision-making and policy 
between staff members.  This would result in a chilling 
effect on intra- and inter-agency communications and 
reduce the ability of agency officials to deliberate in a 
meaningful manner on methods of and strategies for 
communicating with the public and interested parties on 
pending agency policies. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
phone numbers and email addresses could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to harassment 
and annoyance in conducting their official duties. 
 
68. 
Pages 866-
871 
Email chain starting on 
2/11/21 from EOP Director of 
Broadcast media to CDC 
Acting Associate Director for 
Communication and ending 
on 2/22/21 with an email from 
CDC Division Director to 
CDC Acting Associate 
Director for Communication   
Content in the body of 
the email consists of 
proposals and 
considerations for 
responding to media 
requests to interview 
CDC Director  
 
Phone number of 
Director of Broadcast 
Media and EOP email 
addresses 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative 
discussions regarding considerations and 
recommendations for media and stakeholder 
communications and strategies and planning for safe 
school operating rollout.  The release of this internal 
information would compromise the deliberative process of 
the agency in administrative matters requiring open, frank 
discussions on matters of decision-making and policy 
between staff members.  This would result in a chilling 
effect on intra- and inter-agency communications and 
reduce the ability of agency officials to deliberate in a 
meaningful manner on methods of and strategies for 
communicating with the public and interested parties on 
pending agency policies. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
phone numbers and email addresses could reasonably be 
expected to constitute an unwarranted invasion of 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 106 of 130

Vaughn III 
Page 30 of 42 
 
personal privacy by subjecting personnel to harassment 
and annoyance in conducting their official duties. 
 
69. 
Pages 873-
875 
Records attached to email 
dated 2/10/21 from CDC 
Director to CDC Division 
Director 
Draft response to follow-
up inquiries on K-12 
guidance 
Exemption (b)(5), Deliberative Process Privilege: redacted 
material consists of opinions and draft remarks in 
response to inquiries. The release of this internal 
information would compromise the deliberative process of 
the agency in administrative matters requiring open, frank 
discussions on matters of policy between staff members.  
This would result in a chilling effect on intra- and inter-
agency communications and reduce the ability of agency 
officials to deliberate in a meaningful manner on methods 
of and strategies for communicating and engaging with 
the public and interested parties on pending agency 
policies, including pre-decisional deliberations on 
appropriate responses to inquiries from those parties.  
70. 
Pages 876-
894 
Email chain with attachment 
stating on 1/28/21 from CDC 
Acting Associate Director for 
Communication to CDC Task 
Force Lead and ending on 
1/28/21 with an email from 
CDC Associate Director for 
Policy to CDC Acting 
Associate Director for 
Communication et al.  
Content in body of email 
chain discussing timing 
of potential release of 
guidance for the rollout 
plan 
 
Draft rollout plan 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of internal plans related to school rollout, 
pre-decisional and deliberative draft documents including 
comment bubbles with recommendations, redlined 
material, talking points, and highlighted material for 
consideration.  Release would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on intra and inter-agency communications 
and reduce the ability of agency officials to deliberate in a 
meaningful manner on methods of and strategies for 
communicating with the public on pending agency 
policies.  
71. 
Page 897 
Email chain with attachment 
starting on 2/11/21 from CDC 
Lead Health Communications 
Specialist to CDC Acting 
Content in body of email 
chain discussing edits to 
K-12 operational 
strategy fact sheet  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of discussions made during the decision-
making process as to what should or should not be 
included in the K-12 operational strategy fact sheet.  
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 107 of 130

Vaughn III 
Page 31 of 42 
 
Associate Director for 
Communication and ending 
on 2/12/21 with an email from 
CDC Public Health Analyst to 
CDC Acting Associate 
Director for Communication   
Release would compromise the deliberative process of the 
agency in administrative matters requiring open, frank 
discussions on matters of policy between staff members.  
This would result in a chilling effect on agency 
communications and hinder the ability of agency officials 
to deliberate in a candid and meaningful manner on policy 
considerations. 
72. 
Pages 901-
906 
Media inquiry sent from CNN 
on 2/17/21 and ending with an 
email chain on 2/17/21 from 
CDC Press Officer to CDC 
Acting Associate Director for 
Communication 
Content in body of email 
chain discussing 
potential remarks in 
response to media 
inquiries 
Exemption (b)(5), Deliberative Process Privilege: redacted 
material consists of opinions and draft remarks in 
response to media inquiries. The release of this internal 
information would compromise the deliberative process of 
the agency in administrative matters requiring open, frank 
discussions on matters of policy between staff members.  
This would result in a chilling effect on intra- and inter-
agency communications and reduce the ability of agency 
officials to deliberate in a meaningful manner on methods 
of and strategies for communicating and engaging with 
the public and interested parties on pending agency 
policies, including pre-decisional deliberations on 
appropriate responses to inquiries from those parties. 
73. 
Pages 909-
912 
Media inquiry sent from NYT 
on 2/17/21 and ending with an 
email chain on 2/18/21 from 
CDC Acting Associate 
Director for Communication 
to HHS Deputy Asst. Sec. for 
Public Affairs 
Content in body of email 
chain discussing talking 
points in response to 
media inquiries 
Exemption (b)(5), Deliberative Process Privilege: redacted 
material consists of talking points and draft remarks in 
response to media inquiries. The release of this internal 
information would compromise the deliberative process of 
the agency in administrative matters requiring open, frank 
discussions on matters of policy between staff members.  
This would result in a chilling effect on intra- and inter-
agency communications and reduce the ability of agency 
officials to deliberate in a meaningful manner on methods 
of and strategies for communicating and engaging with 
the public and interested parties on pending agency 
policies, including pre-decisional deliberations on 
appropriate responses to inquiries from those parties. 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 108 of 130

Vaughn III 
Page 32 of 42 
 
74. 
Pages 913-
915 
Email chain starting on 2/8/21 
from WH Associate Director 
of Presidential Scheduling to 
to WH CoS, WH COVID-19 
Response Coordinator, 
Domestic Policy Advisor, 
CDC CoS, et al and ending 
with email on 2/9/21 from 
Executive Assistant to CDC 
Director to CDC CoS 
Content of email chain 
consists of discussion of 
preparation for briefing 
President on school 
opening questions 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion of preparing 
for briefing the President.  Release would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on intra and inter-agency communications 
and reduce the ability of agency officials to deliberate in a 
meaningful manner on presentation of information under 
policy consideration. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of deliberative discussion of 
preparing for briefing the President.  Redacted material 
reveals information regarding briefing materials and 
briefing of the President and his advisers regarding 
information asked for and received by the President and 
his advisers.  Release would reveal internal discussions 
and strategy on how to conduct daily business and would 
compromise the President’s ability to receive candid and 
informed opinions from his advisers. 
75. 
Pages 916-
919 
Email chain starting 2/8/21 
from HHS Policy Advisor to 
HHS CoS et al., and ending 
on 2/9/21 with an email from 
CDC Deputy Director to CDC 
Public Health Analyst et al. 
Content in the body of 
the email consists of 
discussion on planning 
for potential guidance 
rollout and tasks that 
need to be completed 
prior to rollout occurring 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative 
discussion regarding planning for rollout of draft 
guidance. The release of this internal information would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for communicating and engaging with the 
public and interested parties on pending agency policies.  
In addition, release would result in a chilling effect on 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 109 of 130

Vaughn III 
Page 33 of 42 
 
intra and inter-agency communications and reduce the 
ability of agency officials to deliberate in a meaningful 
manner on considerations for inclusion in and specific 
presentation and language of policy guidance. 
76. 
Page 920 
Email chain with attachment 
starting on 2/7/21 from 
Counselor to the President to 
CDC Director et al. and 
ending on 2/7/21 with an 
email from CDC Director to 
Counselor to the President  
Content of email chain 
consists of discussion of 
preparation and drafting 
of briefing materials for 
President on school 
opening questions 
 
EOP email addresses  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion of preparing 
materials to brief the President.  Release would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on specific 
presentation of information under policy consideration. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of deliberative discussion of 
preparing materials to brief the President.  Redacted 
material reveals information the President and his advisers 
asked for and received.  Release would reveal internal 
discussions and strategy on how to conduct daily business 
and would compromise the President’s ability to receive 
candid and informed opinions from his advisers. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
EOP email addresses could reasonably be expected to 
constitute an unwarranted invasion of personal privacy by 
subjecting personnel to harassment and annoyance in 
conducting their official duties. 
 
77. 
Pages 921-
934 
Attachment to email chain 
above dated February 7, 2021  
Draft materials for 
briefing President on 
school opening 
questions, including draft 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
briefing materials, including draft presentation.  Release 
would compromise the deliberative process of the agency 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 110 of 130

Vaughn III 
Page 34 of 42 
 
talking points, draft 
summary information, 
and draft question and 
answers 
in administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on intra and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner for inclusion in and 
specific presentation and language of policy 
considerations. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of pre-decisional and 
deliberative draft briefing materials, including draft 
presentation.  Redacted material reveals information the 
President and his advisers asked for and received.  Release 
would reveal internal discussions and strategy on how to 
conduct daily business and would compromise the 
President’s ability to receive candid and informed 
opinions from his advisers. 
78. 
Pages 935-
957 
Email chain with attachment 
starting on 1/22/21 from CDC 
CoS to CDC Division 
Director and ending 1/23/21 
with an email from CDC 
Division Director to CDC 
CoS et al.  
Content in the body of 
the mail discussing 
potential timing of 
release for school 
guidance 
 
Draft K-12 schools 
operational strategy  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion on plans for 
when to release school guidance, pre-decisional drafts 
with comment bubbles recommending changes, notes, and 
highlighted text. Release would compromise the 
deliberative process of the agency in administrative 
matters regarding open, frank discussions on matters of 
policy.  This would result in a chilling effect on agency 
communications and hinder the ability of agency officials 
to deliberate in a candid and meaningful manner on policy 
considerations. 
79. 
Pages 963-
965 
Email chain starting on 
2/10/21 from EOP Deputy 
Communications Director to 
EOP staff and ending on 
2/10/21 with an email from 
EOP Deputy Communications 
Content in the body of 
emails contains proposed 
answers to and 
considerations for 
responding to incoming 
inquiries.  
Exemption (b)(5), Deliberative Process Privilege: redacted 
material consists of opinions, deliberations, and draft 
responses to inquiries regarding school opening. The 
release of this internal information would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 111 of 130

Vaughn III 
Page 35 of 42 
 
Director to HHS Deputy Asst. 
Sec. for Public Affairs et al. 
 
Phone number of Deputy 
Communications 
Director and EOP email 
addresses 
policy between staff members.  This would result in a 
chilling effect on intra- and inter-agency communications 
and reduce the ability of agency officials to deliberate in a 
meaningful manner on methods of and strategies for 
communicating and engaging with the public and 
interested parties on pending agency policies, including 
pre-decisional deliberations on appropriate responses to 
inquiries from those parties.  
 
Exemption (b)(6), Personal Privacy Interests: Release of 
personal cell phone numbers could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to harassment 
and annoyance. 
80. 
Pages 966-
968 
Email chain starting on 
2/10/21 from EOP Deputy 
Communications Director to 
EOP staff and ending on 
2/10/21 with an email from 
EOP Deputy Communications 
Director to HHS Deputy Asst. 
Sec. for Public Affairs et al. 
Content in the body of 
emails contains proposed 
answers to and 
considerations for 
responding to incoming 
inquiries.  
 
Phone number of Deputy 
Communications 
Director and EOP email 
addresses 
Exemption (b)(5), Deliberative Process Privilege: redacted 
material consists of opinions, deliberations, and draft 
responses to inquiries regarding school opening. The 
release of this internal information would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on intra- and inter-agency communications 
and reduce the ability of agency officials to deliberate in a 
meaningful manner on methods of and strategies for 
communicating and engaging with the public and 
interested parties on pending agency policies, including 
pre-decisional deliberations on appropriate responses to 
inquiries from those parties.  
 
Exemption (b)(6), Personal Privacy Interests: Release of 
personal cell phone numbers could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to harassment 
and annoyance. 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 112 of 130

Vaughn III 
Page 36 of 42 
 
 
81. 
Pages 969-
970 
Email chain starting on 2/7/21 
from CDC Division Director 
to CDC Director, cc CDC 
Principal Deputy Director, 
CDC CoS and ending on 
2/7/21 with email from CDC 
Division Director to CDC 
CoS, cc to CDC Principal 
Deputy Director and CDC 
Director 
 
Content of email chain 
consists of discussion of 
preparation and drafting 
of briefing materials for 
President on school 
opening questions 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion of and 
suggestions for preparing materials to brief the President.  
Release would compromise the deliberative process of the 
agency in administrative matters requiring open, frank 
discussions on matters of policy between staff members.  
This would result in a chilling effect on intra and inter-
agency communications and reduce the ability of agency 
officials to deliberate in a meaningful manner on specific 
presentation of information under policy consideration. 
 
Exemption (b)(5), Presidential Communications Privilege: 
redacted materials consist of deliberative discussion of 
and suggestions for preparing materials to brief the 
President.  Redacted material reveals information the 
President and his advisers asked for and received.  Release 
would reveal internal discussions and strategy on how to 
conduct daily business and would compromise the 
President’s ability to receive candid and informed 
opinions from his advisers. 
82 
Pages 972-
1042 
Email chain with attachments 
starting 1/29/21 from CDC 
Associate Director for Policy 
to CDC Acting Associate 
Director for Communication 
et al., and ending on 2/1/21 
with an email from CDC 
Branch Chief to CDC 
Associate Director for Policy 
et al.  
Draft K-12 schools 
operational strategy  
 
Phone numbers and 
conference ID 
 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional drafts with comment 
bubbles recommending changes, notes, and highlighted 
text. Release would compromise the deliberative process 
of the agency in administrative matters regarding open, 
frank discussions on matters of policy.  This would result 
in a chilling effect on agency communications and hinder 
the ability of agency officials to deliberate in a candid and 
meaningful manner on policy considerations. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
phone numbers and meeting IDs could reasonably be 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 113 of 130

Vaughn III 
Page 37 of 42 
 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to harassment 
and annoyance in conducting their official duties. 
83. 
Pages 1043- 
1052 
Email chain with attachments 
starting 1/29/21 from CDC 
Associate Director for Policy 
to CDC Acting Associate 
Director for Communication 
et al., and ending on 1/31/21 
with an email from CDC 
Branch Chief to CDC 
Associate Director for Policy 
et al. 
Draft K-12 schools 
science brief   
 
Phone numbers and 
conference ID 
 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
materials with edits.  Release would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on agency communications and hinder the 
ability of agency officials to deliberate in a candid and 
meaningful manner on policy considerations. 
Exemption (b)(6), Personal Privacy Interests: Release of 
phone numbers and meeting IDs could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to harassment 
and annoyance in conducting their official duties. 
84. 
Pages 1054-
1084 
Records attached to email sent 
on 2/10/21 from CDC Branch 
Chief to CDC Acting 
Associate Director for 
Communication  
Draft K-12 schools 
operational strategy  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative draft 
materials with edits.  Release would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on agency communications and hinder the 
ability of agency officials to deliberate in a candid and 
meaningful manner on policy considerations. 
85. 
Pages 1086-
1091 
Email chain starting on 
2/10/21 from CDC Public 
Health Analyst to HHS 
Deputy Director Discretionary 
Health et al., and ending on 
2/10/21 with an email from 
CDC Director Washington 
Content in the body of 
the email contains 
deliberations on 
questions, 
considerations, and 
planning for a tentative 
schedule for proposed 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative 
discussions regarding considerations, recommendations, 
strategies, and planning for Capitol Hill outreach on 
school guidance rollout.  The release of this internal 
information would compromise the deliberative process of 
the agency in administrative matters requiring open, frank 
discussions on matters of decision-making and policy 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 114 of 130

Vaughn III 
Page 38 of 42 
 
Office to CDC Public Health 
Analyst 
Capitol Hill outreach 
plan for school guidance 
between staff members.  This would result in a chilling 
effect on intra- and inter-agency communications and 
reduce the ability of agency officials to deliberate in a 
meaningful manner on methods of and strategies for 
communicating with the public and interested parties on 
pending agency policies. 
86. 
Pages 1092-
1093 
Email chain starting on 
2/12/21 from CDC Acting 
Associate Director for 
Communication to CDC 
Branch Chief et al. and ending 
on 2/12/21 with an email from 
CDC Acting Associate 
Director for Communication 
to CDC Branch Chief et al. 
Content in the body of 
the email contains 
discussion on talking 
points for school 
guidance 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of discussions about recommendations 
and talking points regarding school guidance.  Release 
would compromise the deliberative process of the agency 
in administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on agency communications and 
hinder the ability of agency officials to deliberate in a 
candid and meaningful manner on policy considerations. 
87. 
Pages 1094-
1096 
Email chain starting on 
2/12/21 from CDC Acting 
Associate Director for 
Communication to CDC 
Branch Chief et al. and ending 
on 2/12/21 with an email from 
CDC Acting Associate 
Director for Communication 
to CDC Branch Chief et al. 
Content in the body of 
the email contains 
discussion on talking 
points for school 
guidance 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of discussions about recommendations 
and talking points regarding school guidance.  Release 
would compromise the deliberative process of the agency 
in administrative matters requiring open, frank discussions 
on matters of policy between staff members.  This would 
result in a chilling effect on agency communications and 
hinder the ability of agency officials to deliberate in a 
candid and meaningful manner on policy considerations. 
88. 
Pages 1097-
1098 
Email chain starting on 
1/28/21 from CDC CoS to 
CDC Division Director, et al 
and ending on 1/30/21 with an 
email from CDC CoS to 
ASPR, HHS COVID-19 
Response CoS, et al. 
Content in the body of 
the email contains 
discussion on edits made 
to K-12 schools 
operational strategy 
document  
 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of discussion of edits made during the 
decision-making process for the K-12 operational 
strategy, as well as plans for stakeholder engagement and 
rollout. Release would compromise the deliberative 
process of the agency in administrative matters requiring 
open, frank discussions on matters of policy between staff 
members.  This would result in a chilling effect on agency 
communications and hinder the ability of agency officials 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 115 of 130

Vaughn III 
Page 39 of 42 
 
to deliberate in a candid and meaningful manner on policy 
considerations. 
89. 
Pages 1099-
1114 
Email chain with attachment 
starting on 2/13/21 from CDC 
Division Director to CDC 
Acting Associate Director for 
Communication and ending 
on 2/13/21 with an email from 
CDC Acting Associate 
Director for Communication 
to CDC Division Director 
Content in the body of 
the email contains 
preparation material for 
upcoming interviews on 
school guidance 
 
Draft school guidance 
prep memo 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of updates to a memo and draft talking 
points for upcoming interviews. The release of this 
internal information would compromise the deliberative 
process of the agency in administrative matters requiring 
open, frank discussions on matters of policy between staff 
members. This would result in a chilling effect on intra- 
and inter-agency communications and reduce the ability 
of agency officials to deliberate in a meaningful manner 
on methods of and strategies for communicating and 
engaging with the public and interested parties on pending 
agency policies. 
90. 
Pages 1115-
1119 
Email chain with attachment 
stating on 2/10/21 from CDC 
Director Washington Office 
to CDC CoS and ending on 
2/11/21 with an email from 
CDC Deputy Director of 
Washington Office to CDC 
Director Washington Office et 
al. 
Discussion in body of 
email chain deliberating 
on questions and 
considerations for media 
and stakeholder 
communications and 
planning for 
congressional outreach 
for safe school operating 
rollout 
  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative 
discussions regarding considerations and 
recommendations for media and stakeholder 
communications and strategies and planning for 
congressional outreach on safe school operating rollout.  
The release of this internal information would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of decision-making and policy between staff 
members.  This would result in a chilling effect on intra- 
and inter-agency communications and reduce the ability 
of agency officials to deliberate in a meaningful manner 
on methods of and strategies for communicating with the 
public, congressional counterparts, and interested parties 
on pending agency policies. 
91. 
Pages 1121-
1123 
Email chain with attachment 
starting on 2/12/21 from HHS 
Director of Intergovernmental 
and External Affairs to HHS 
Content in the body of 
the email contains 
discussion on talking 
points for school rollout 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative 
discussions regarding talking points for the school 
guidance rollout.  The release of this internal information 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 116 of 130

Vaughn III 
Page 40 of 42 
 
CoS and ending on 2/12/21 
with an email from CDC 
Acting Associate Director for 
Communication to HHS CoS 
et al.  
 
Draft talking points for 
school rollout 
would compromise the deliberative process of the agency 
in administrative matters requiring open, frank discussions 
on matters of decision-making and policy between staff 
members.  This would result in a chilling effect on intra- 
and inter-agency communications and reduce the ability 
of agency officials to deliberate in a meaningful manner 
on methods of and strategies for communicating with the 
public and interested parties on pending agency policies. 
92. 
Pages 1124-
1125 
Email chain starting on 2/9/21 
from HHS COVID-10 
Response CoS to HHS 
Deputy Asst. Sec. for Public 
Affairs et al., and ending on 
2/10/21 with an email from 
CDC Acting Associate 
Director for Communication 
to HHS CoS et al.  
 
Content in the body of 
the emails contains 
material related to 
CDC’s clearance process 
for rollout of the school 
guidance  
 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of clearance processes and discussions 
about potential interagency rollout coordination. The 
release of this internal information would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
policy between staff members.  This would result in a 
chilling effect on intra- and inter-agency communications 
and reduce the ability of agency officials and their 
counterparts to deliberate in a meaningful and 
collaborative manner on coordination of potential policies, 
process for reviewing those policies, and process for 
presenting those policies.  
 
  
93. 
Page 1126 
Email chain starting on 2/6/21 
from EOP Vice President’s 
CoS to EOP Coronavirus 
Response Coordinator and 
ending on 2/7/21 with an 
email from CDC Director to 
EOP Coronavirus Response 
Coordinator 
Content in the body of 
the email contains 
material related to 
planning for potential 
stakeholder outreach  
 
EOP email addresses 
 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative 
discussions regarding considerations and 
recommendations for stakeholder communications and 
strategies.  The release of this internal information would 
compromise the deliberative process of the agency in 
administrative matters requiring open, frank discussions 
on matters of decision-making and policy between staff 
members.  This would result in a chilling effect on intra- 
and inter-agency communications and reduce the ability 
of agency officials to deliberate in a meaningful manner 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 117 of 130

Vaughn III 
Page 41 of 42 
 
on methods of and strategies for communicating with the 
public and interested parties on pending agency policies. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
EOP email addresses could reasonably be expected to 
constitute an unwarranted invasion of personal privacy by 
subjecting personnel to harassment and annoyance in 
conducting their official duties. 
 
94. 
Page 1127 
Email chain starting on 
2/17/21 from CDC Public 
Affairs Specialist to CDC 
Division Director and ending 
on 2/17/21 with an email from 
CDC Division Director to 
CDC Acting Associate 
Director for Communication  
Content in the body of 
the email contains 
discussion on how to 
address and clarify 
responses to media 
inquiries  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion regarding 
reaction to release of school reopening guidance and how 
to address media inquiries.  The release of this internal 
information would compromise the deliberative process of 
the agency in administrative matters requiring open, frank 
discussions on matters of policy between staff members.  
This would result in a chilling effect on intra- and inter-
agency communications and reduce the ability of agency 
officials to deliberate in a meaningful manner on methods 
of and strategies for communicating with congressional 
counterparts on pending agency policies. 
95. 
Pages 1128- 
1129 
Email chain starting with an 
email dated 2/7/2021 from the 
CDC CoS to EOP 
Intergovernmental Affairs 
Director and ending on 
2/15/2021 with an email from 
EOP Intergovernmental 
Affairs Director to CDC CoS 
EOP email addresses  
Exemption (b)(6), Personal Privacy Interests: Release of 
EOP email addresses could reasonably be expected to 
constitute an unwarranted invasion of personal privacy by 
subjecting personnel to harassment and annoyance in 
conducting their official duties. 
96. 
Page 1130 
Email chain starting on 2/6/21 
from CDC Division Director 
to CDC Director and ending 
on 2/7/21 with an email from 
Contents of email chain 
consist of discussion of 
preparation and drafting 
of briefing materials  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of deliberative discussion of preparing 
materials.  Release would compromise the deliberative 
process of the agency in administrative matters requiring 
open, frank discussions on matters of policy between staff 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 118 of 130

Vaughn III 
Page 42 of 42 
 
CDC Director to CDC 
Division Director et al. 
members.  This would result in a chilling effect on intra 
and inter-agency communications and reduce the ability 
of agency officials to deliberate in a meaningful manner 
on specific presentation of information under policy 
consideration. 
97. 
Pages 1131-
1132 
Email chain starting on 
2/10/21 from EOP Deputy 
Press Secretary to EOP Senior 
Advisor to the President et al., 
and ending on 2/11/21 with 
with an email from EOP 
Deputy Press Secretary to 
HHS Deputy Asst. Sec. for 
Public Affairs et al. 
 
Discussion in body of 
email chain deliberating 
on questions and 
considerations for media 
communications for safe 
school operating rollout 
 
EOP email addresses and 
phone numbers  
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional and deliberative 
discussions regarding considerations and 
recommendations for media communications and 
strategies on safe school operating rollout.  The release of 
this internal information would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on matters of 
decision-making and policy between staff members.  This 
would result in a chilling effect on intra- and inter-agency 
communications and reduce the ability of agency officials 
to deliberate in a meaningful manner on methods of and 
strategies for communicating with the public on pending 
agency policies. 
 
Exemption (b)(6), Personal Privacy Interests: Release of 
email addresses and phone numbers could reasonably be 
expected to constitute an unwarranted invasion of 
personal privacy by subjecting personnel to harassment 
and annoyance in conducting their official duties.   
 
 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 119 of 130

 
Vaughn IV 
Page 1 of 11 
 
American Public Trust   
Case No. 21-cv-02834 
 
Vaughn Index of Information Withheld/Redacted From August 26, 2021 Release  
 
 
 
HHS RESPONSE PROVIDED AUGUST 26, 2021 
 
Item 
 
Document  
 
Document Identification  
 
 
Description of 
Withheld Material 
 
Basis for Withholding 
1. Pages 27-28 
Part of email chain on 
Proposed Hill Outreach Plan 
for School Guidance Release 
Discussions reflecting 
the agency’s internal 
deliberations as the 
agency was determining 
the best timing and 
manner to communicate 
the Guidance most 
effectively across the 
government and to the 
public at large, more 
specifically, whom to 
reach out to, when 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional inter-agency and intra-
agency deliberations, discussions, opinions, thoughts, 
comments, and other statements that informed the 
outreach plan of the School Guidance release.  The release 
of this internal information would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on policy 
between staff members.  This would result in a chilling 
effect on intra- and inter-agency communications and 
reduce the ability of agency officials to deliberate in a 
meaningful manner on methods and strategies for 
communicating and engaging with the public and 
interested parties on pending agency policies and on 
strategies for releasing pending policies.   
2. Pages 29-30 
Part of email chain on 
Proposed Hill Outreach Plan 
for School Guidance Release 
Discussions on key 
points related to the 
outreach for the School 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional inter-agency and intra-
agency deliberations, discussions, opinions, thoughts, 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 120 of 130

 
Vaughn IV 
Page 2 of 11 
 
 
HHS RESPONSE PROVIDED AUGUST 26, 2021 
 
Item 
 
Document  
 
Document Identification  
 
 
Description of 
Withheld Material 
 
Basis for Withholding 
Guidance, and 
discussions on 
individuals who should 
be involved and why, 
discussions on other 
issues to consider in 
outreach, and 
suggestions 
comments, and other statements that informed the 
outreach plan of the School Guidance release.  The release 
of this internal information would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on policy 
between staff members.  This would result in a chilling 
effect on intra- and inter-agency communications and 
reduce the ability of agency officials to deliberate in a 
meaningful manner on methods and strategies for 
communicating and engaging with the public and 
interested parties on pending agency policies and on 
strategies for releasing pending policies. 
3. Page 33 
Part of intra-agency email 
chain responding to Nancy 
Tourk on Proposed Hill 
Outreach Plan for School 
Guidance Release 
Discussions on timing, 
communications, calls to 
set up, types of 
attendees, and exploring 
other ideas to rollout 
school guidance   
 
 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional inter-agency and intra-
agency deliberations, discussions, opinions, thoughts, 
comments, and other statements that informed the 
outreach plan of the School Guidance release.  The release 
of this internal information would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on policy 
between staff members.  This would result in a chilling 
effect on intra- and inter-agency communications and 
reduce the ability of agency officials to deliberate in a 
meaningful manner on methods and strategies for 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 121 of 130

 
Vaughn IV 
Page 3 of 11 
 
 
HHS RESPONSE PROVIDED AUGUST 26, 2021 
 
Item 
 
Document  
 
Document Identification  
 
 
Description of 
Withheld Material 
 
Basis for Withholding 
communicating and engaging with the public and 
interested parties on pending agency policies and on 
strategies for releasing pending policies. 
4. Page 34  
Part of email chain on 
Proposed Hill Outreach Plan 
for School Guidance Release 
Discussions on key 
points related to the 
outreach for the School 
Guidance, and 
discussions on 
individuals who should 
be involved and why, 
discussions on other 
issues to consider in 
outreach, and 
suggestions 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional inter-agency and intra-
agency deliberations, discussions, opinions, thoughts, 
comments, and other statements that informed the 
outreach plan of the School Guidance release.  The release 
of this internal information would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on policy 
between staff members.  This would result in a chilling 
effect on intra- and inter-agency communications and 
reduce the ability of agency officials to deliberate in a 
meaningful manner on methods and strategies for 
communicating and engaging with the public and 
interested parties on pending agency policies and on 
strategies for releasing pending policies. 
5. Page 35  
Part of email chain on 
Proposed Hill Outreach Plan 
for School Guidance Release 
Discussions on options 
on who else should be 
involved in School 
Guidance release as well 
as who would have other 
ideas, and how to 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional inter-agency and intra-
agency deliberations, discussions, opinions, thoughts, 
comments, and other statements that informed the 
outreach plan of the School Guidance release.  The release 
of this internal information would compromise the 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 122 of 130

 
Vaughn IV 
Page 4 of 11 
 
 
HHS RESPONSE PROVIDED AUGUST 26, 2021 
 
Item 
 
Document  
 
Document Identification  
 
 
Description of 
Withheld Material 
 
Basis for Withholding 
connect with certain 
entities 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on policy 
between staff members.  This would result in a chilling 
effect on intra- and inter-agency communications and 
reduce the ability of agency officials to deliberate in a 
meaningful manner on methods and strategies for 
communicating and engaging with the public and 
interested parties on pending agency policies and on 
strategies for releasing pending policies 
6. Page 37 
Part of email chain related to 
Nancy Tourk on Proposed 
Hill Outreach Plan for School  
Discussions on press 
briefings that would be 
related to School 
Guidance, proposed 
plan, timing, who should 
be involved, possible 
briefers, entities involved 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional inter-agency and intra-
agency deliberations, discussions, opinions, thoughts, 
comments, and other statements that informed the 
outreach plan of the School Guidance release.  The release 
of this internal information would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on policy 
between staff members.  This would result in a chilling 
effect on intra- and inter-agency communications and 
reduce the ability of agency officials to deliberate in a 
meaningful manner on methods and strategies for 
communicating and engaging with the public and 
interested parties on pending agency policies and on 
strategies for releasing pending policies 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 123 of 130

 
Vaughn IV 
Page 5 of 11 
 
 
HHS RESPONSE PROVIDED AUGUST 26, 2021 
 
Item 
 
Document  
 
Document Identification  
 
 
Description of 
Withheld Material 
 
Basis for Withholding 
7. Page 39 
Part of email chain on school 
re-opening quick question 
Discussion on whether a 
certain perspective was 
or should have been 
considered as it related 
to school guidance 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional inter-agency and intra-
agency deliberations, discussions, opinions, thoughts, 
comments, and other statements that informed the 
outreach plan of the School Guidance release.  The release 
of this internal information would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on policy 
between staff members.  This would result in a chilling 
effect on intra- and inter-agency communications and 
reduce the ability of agency officials to deliberate in a 
meaningful manner on methods and strategies for 
communicating and engaging with the public and 
interested parties on pending agency policies and on 
strategies for releasing pending policies. 
8. Page 40 
Part of email chain related to 
school re-opening--quick 
question 
Discussing possible 
issues and their impact in 
school re-opening, 
resolution, and 
connection to school 
guidance 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional inter-agency and intra-
agency deliberations, discussions, opinions, thoughts, 
comments, and other statements that informed the 
outreach plan of the School Guidance release.  The release 
of this internal information would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on policy 
between staff members.  This would result in a chilling 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 124 of 130

 
Vaughn IV 
Page 6 of 11 
 
 
HHS RESPONSE PROVIDED AUGUST 26, 2021 
 
Item 
 
Document  
 
Document Identification  
 
 
Description of 
Withheld Material 
 
Basis for Withholding 
effect on intra- and inter-agency communications and 
reduce the ability of agency officials to deliberate in a 
meaningful manner on methods and strategies for 
communicating and engaging with the public and 
interested parties on pending agency policies and on 
strategies for releasing pending policies. 
9. Page 41 
Part of email chain from 
Despres, Sarah (HHS/IOS) to 
Pearlman, Aj (HHS/IOS) 
<Aj.Pearlman@hhs.gov>; 
O'Connell, Dawn (HHS/IOS) 
<Dawn.Oconnell@hhs.gov>; 
Sams, Ian (HHS/ASPA) 
lan.Sams@hhs.gov related to 
school re-opening--quick 
question 
Discussing issues that 
may have come up 
related to immunization 
that would impact school 
opening guidance 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional inter-agency and intra-
agency deliberations, discussions, opinions, thoughts, 
comments, and other statements that informed the 
outreach plan of the School Guidance release.  The release 
of this internal information would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on policy 
between staff members.  This would result in a chilling 
effect on intra- and inter-agency communications and 
reduce the ability of agency officials to deliberate in a 
meaningful manner on methods and strategies for 
communicating and engaging with the public and 
interested parties on pending agency policies and on 
strategies for releasing pending policies.   
10 Page 42 
Part of email chain on OMB 
comments on CDC School 
guidance 
Discussing intra and 
inter-agency OMB 
redline comments related 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional inter-agency and intra-
agency deliberations, discussions, opinions, thoughts, 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 125 of 130

 
Vaughn IV 
Page 7 of 11 
 
 
HHS RESPONSE PROVIDED AUGUST 26, 2021 
 
Item 
 
Document  
 
Document Identification  
 
 
Description of 
Withheld Material 
 
Basis for Withholding 
to School Guidance 
document and types of 
comments that should be 
considered 
comments, and other statements that informed the 
outreach plan of the School Guidance release.  The release 
of this internal information would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on policy 
between staff members.  This would result in a chilling 
effect on intra- and inter-agency communications and 
reduce the ability of agency officials to deliberate in a 
meaningful manner on methods and strategies for 
communicating and engaging with the public and 
interested parties on pending agency policies and on 
strategies for releasing pending policies. 
11 Page 42 
Mobile telephone of Lauren 
Hoffman 
Mobile telephone of 
Lauren Hoffman 
Exemption (b)(6) protects from disclosure “personnel and 
medical files and similar files the disclosure of which 
would constitute a clearly unwarranted invasion of 
personal privacy.”  In this case, the information withheld 
consists of the mobile telephone number of Lauren 
Hoffman, the disclosure of which would foreseeably cause 
the violation of her individual privacy.  Mobile phone 
numbers are information that is “similar to a ‘personnel 
because they are not publicly available through sources 
such as telephone directories and enable anyone who has 
that number to reach the holder of the phone at any time 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 126 of 130

 
Vaughn IV 
Page 8 of 11 
 
 
HHS RESPONSE PROVIDED AUGUST 26, 2021 
 
Item 
 
Document  
 
Document Identification  
 
 
Description of 
Withheld Material 
 
Basis for Withholding 
of the day, intruding on their privacy, and hence do not 
represent a public interest cognizable under the FOIA 
12 Page 43 
Part of email chain on OMB 
comments on CDC School 
guidance 
Discussing course of 
action to take on OMB 
comments as they relate 
to School Guidance 
document; also 
discussing policy issues, 
timing of press release, 
and edits related to OMB 
comments on CDC 
School guidance 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional inter-agency and intra-
agency deliberations, discussions, opinions, thoughts, 
comments, and other statements that informed the 
outreach plan of the School Guidance release.  The release 
of this internal information would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on policy 
between staff members.  This would result in a chilling 
effect on intra- and inter-agency communications and 
reduce the ability of agency officials to deliberate in a 
meaningful manner on methods and strategies for 
communicating and engaging with the public and 
interested parties on pending agency policies and on 
strategies for releasing pending policies. 
13 Page 44 
Part of email chain on OMB 
comments on CDC School 
guidance 
Discussing Inter-agency 
sharing of comments, as 
well as suggested edits, 
additions to the 
document, how to 
organize the document, 
what could be helpful, 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional inter-agency and intra-
agency deliberations, discussions, opinions, thoughts, 
comments, and other statements that informed the 
outreach plan of the School Guidance release.  The release 
of this internal information would compromise the 
deliberative process of the agency in administrative 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 127 of 130

 
Vaughn IV 
Page 9 of 11 
 
 
HHS RESPONSE PROVIDED AUGUST 26, 2021 
 
Item 
 
Document  
 
Document Identification  
 
 
Description of 
Withheld Material 
 
Basis for Withholding 
and what to replace in 
School guidance 
document. 
matters requiring open, frank discussions on policy 
between staff members.  This would result in a chilling 
effect on intra- and inter-agency communications and 
reduce the ability of agency officials to deliberate in a 
meaningful manner on methods and strategies for 
communicating and engaging with the public and 
interested parties on pending agency policies and on 
strategies for releasing pending policies. 
14 Page 44 
Mobile telephone number of 
Rachel Pollock 
Mobile telephone 
number of Rachel 
Pollock 
Exemption (b)(6) protects from disclosure “personnel and 
medical files and similar files the disclosure of which 
would constitute a clearly unwarranted invasion of 
personal privacy.”  In this case, the information withheld 
consists of the mobile telephone number of Rachel 
Pollock, the disclosure of which would foreseeably cause 
the violation of her individual privacy.  Mobile phone 
numbers are information that is “similar to a ‘personnel 
because they are not publicly available through sources 
such as telephone directories and enable anyone who has 
that number to reach the holder of the phone at any time 
of the day, intruding on their privacy, and hence do not 
represent a public interest cognizable under the FOIA. 
15 Page 45 
Part of email chain related to 
CDC School guidance, 
specifically, related to OMB 
Discussions on actions 
that need to be taken and 
with who at the inter-
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional inter-agency and intra-
agency deliberations, discussions, opinions, thoughts, 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 128 of 130

 
Vaughn IV 
Page 10 of 11 
 
 
HHS RESPONSE PROVIDED AUGUST 26, 2021 
 
Item 
 
Document  
 
Document Identification  
 
 
Description of 
Withheld Material 
 
Basis for Withholding 
needing CDC School 
Guidance 
agency level for 
maximum inter-agency 
harmonization and also 
discussing asking for 
more information on 
other inter-agency 
pending items.  This 
page also provides the 
background on clearance 
of the upcoming CDC 
guidance, and how it was 
cleared, shared and 
updated and who was 
involved 
comments, and other statements that informed the 
outreach plan of the School Guidance release.  The release 
of this internal information would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on policy 
between staff members.  This would result in a chilling 
effect on intra- and inter-agency communications and 
reduce the ability of agency officials to deliberate in a 
meaningful manner on methods and strategies for 
communicating and engaging with the public and 
interested parties on pending agency policies and on 
strategies for releasing pending policies. 
16 Page 46 
Part of email chain related to 
questions on CDC School 
guidance 
Discussing inter-agency 
coordination between 
Department of Education 
and CDC and giving 
names of individuals 
who were involved at 
Department of Education 
Exemption (b)(5), Deliberative Process Privilege: redacted 
materials consist of pre-decisional inter-agency and intra-
agency deliberations, discussions, opinions, thoughts, 
comments, and other statements that informed the 
outreach plan of the School Guidance release.  The release 
of this internal information would compromise the 
deliberative process of the agency in administrative 
matters requiring open, frank discussions on policy 
between staff members.  This would result in a chilling 
effect on intra- and inter-agency communications and 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 129 of 130

 
Vaughn IV 
Page 11 of 11 
 
 
HHS RESPONSE PROVIDED AUGUST 26, 2021 
 
Item 
 
Document  
 
Document Identification  
 
 
Description of 
Withheld Material 
 
Basis for Withholding 
reduce the ability of agency officials to deliberate in a 
meaningful manner on methods and strategies for 
communicating and engaging with the public and 
interested parties on pending agency policies and on 
strategies for releasing pending policies. 
17 Pages 46-47 
Mobile telephone number of 
Lauren Hoffman 
Mobile telephone 
number of Lauren 
Hoffman 
Exemption (b)(6) protects from disclosure “personnel and 
medical files and similar files the disclosure of which 
would constitute a clearly unwarranted invasion of 
personal privacy.”  In this case, the information withheld 
consists of the mobile telephone number of Lauren 
Hoffman, the disclosure of which would foreseeably cause 
the violation of her individual privacy.  Mobile phone 
numbers are information that is “similar to a ‘personnel 
because they are not publicly available through sources 
such as telephone directories and enable anyone who has 
that number to reach the holder of the phone at any time 
of the day, intruding on their privacy, and hence do not 
represent a public interest cognizable under the FOIA. 
 
 
Case 1:21-cv-02834-ELR   Document 37-3   Filed 12/10/21   Page 130 of 130

File and source

File
gov.uscourts.gand.292343.37.3.pdf
Size
1,236,391 bytes
SHA-256
dc11254c3e604248ae1b5d18c155a86247ca269a7a91c0bd27b6f7d67a879017
Our copy
gov.uscourts.gand.292343.37.3.pdf
Original
archive.org
Back to top