Sherrod V Breitbart - O'Connor Motion To Compel Subpoena To USDA 3-3-2014

Case 1:11-cv-00477-RJL Document 93 Filed 03/03/14 Page 1 of 3
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA
SHIRLEY SHERROD,
Plaintiff,
v.
ANDREW BREITBART, LARRY
OCONNOR, AND JOHN DOE,
Defendants.
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Case No. 1:11-cv-00477 (RJL)
DEFENDANT LARRY OCONNORS MOTION TO COMPEL COMPLIANCE WITH

SUBPOENAS DIRECTED TO THE UNITED STATES DEPARTMENT OF
AGRICULTURE AND THE EXECUTIVE OFFICE OF THE PRESIDENT
OF THE UNITED STATES
COMES NOW Defendant Larry OConnor, by and through counsel, and hereby moves
the Court to compel compliance with subpoenas directed to the United States Department of
Agriculture and the Executive Office of the President of the United States. In support of his
motion, OConnor refers to the memorandum attached hereto and made a part hereof.
Pursuant to Local Civil Rule 7(m), after the February 20, 2014 hearing, counsel for
OConnor conferred further with counsel for the Department of Justice and counsel for Shirley
Sherrod regarding resolution of this matter. Counsel for the Government refused to make any
changes to its initial proposal and opposes the relief sought by this motion.
Respectfully submitted,
/s/ Mark I. Bailen
Bruce W. Sanford (356568)
Bruce D. Brown (457317)
Mark I. Bailen (459623)
BAKER & HOSTETLER LLP
1050 Connecticut Ave. NW, Suite 1100
Washington, DC 20036
Tel: 202-861-1715
Fax: 202-861-1783
bsanford@bakerlaw.com
bbrown@bakerlaw.com
mbailen@bakerlaw.com
Attorneys for Defendant Larry OConnor
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on March 3, 2014, I served a true and correct copy of the
foregoing Defendant Larry OConnors Motion to Compel Compliance with Subpoenas Directed
to the United States Department of Agriculture and the Executive Office of the President of the
United States via CM/ECF on the following:
Eric A. Dubelier
Daniel Z. Herbst
REED SMITH LLP
1301 K Street NW
Suite 1100, East Tower
Tel: (202) 414-9200
Fax: (202) 414-9299
edubelier@reedsmith.com
dherbst@reedsmith.com
Thomas D. Yannucci, P.C.

Michael D. Jones
Thomas A. Clare, P.C.
Beth A. Williams
Peter A. Farrell
KIRKLAND & ELLIS LLP
655 15th Street, NW
Suite 1200
Tel: (202) 879-5000
Fax: (202) 879-5200
thomas.yannucci@kirkland.com
michael.jones@kirkland.com
thomas.clare@kirkland.com
beth.williams@kirkland.com
peter.farrell@kirkland.com
Harrison J. Dossick
REED SMITH LLP
1901 Avenue of the Stars
Suite 700
Los Angeles, CA 90067-6078
Tel: (310) 734-5200
Fax: (310) 734-5299
hdossick@reedsmith.com
Attorneys for Shirley Sherrod

David M. Glass
Marsha Stelson Edney
U.S. DEPARTMENT OF JUSTICE
Civil Division
20 Massachusetts Avenue, NW
Tel: (202) 514-4469
Fax: (202) 616-8470
david.glass@usdoj.gov
marsha.edney@usdoj.gov
Attorneys for Susannah Breitbart
Attorneys for United States

/s/ Mark I. Bailen
Case 1:11-cv-00477-RJL Document 93-1 Filed 03/03/14 Page 1 of 18

SHIRLEY SHERROD,
Plaintiff,
v.
Defendants.
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Case No. 1:11-cv-00477 (RJL)
DEFENDANT LARRY OCONNORS MEMORANDUM IN SUPPORT OF MOTION TO

COMPEL COMPLIANCE WITH SUBPOENAS DIRECTED TO THE
UNITED STATES DEPARTMENT OF AGRICULTURE AND THE EXECUTIVE
OFFICE OF THE PRESIDENT OF THE UNITED STATES
TABLE OF CONTENTS
Page(s)
I.
INTRODUCTION ...............................................................................................................1
II.
FACTUAL BACKGROUND .............................................................................................2
III.
ARGUMENT ......................................................................................................................6
A.
B.
IV.
The documents OConnor seeks are relevant to the parties claims and
defenses ...................................................................................................................6
1.
The USDA and EOP discovery relates to whether Sherrod can

establish that the Blog Post caused her injury .............................................6
2.
Information from the USDA and the EOP that supports defendants
evaluation of Sherrod and her speech is relevant ......................................10
The Department of Justices proposal for production of USDA and EOP

documents is unreasonably deficient.....................................................................11
1.
The Governments proposed search terms would fail to uncover

approximately half of the responsive documents from USDA .................11
2.
The DOJs proposal would fail to uncover the communications within

Executive Office of the President..............................................................12
C.
OConnors proposal for the production of USDA documents is reasonable

and not burdensome...............................................................................................12
D.
OConnors proposal for the production of EOP documents is reasonable and

not burdensome .....................................................................................................13
E.
After sitting on its hands for more than three months, the Government cannot
now complain that a timely production would be too burdensome or
disruptive ...............................................................................................................14
CONCLUSION .................................................................................................................15
TABLE OF AUTHORITIES
Page(s)
CASES
Brown v. Petrolite Corp.,
965 F.2d 38 (5th Cir. 1992) .......................................................................................................6
Cheney v. U.S. District Court,
542 U.S. 367 (2004) ..........................................................................................................13, 14
Moldea v. New York Times Co.,
22 F.3d 310 (D.C. Cir. 1994)...................................................................................................10
Phila. Newspapers v. Hepps,
475 U.S. 767 (1986) ................................................................................................................10
Schoen v. Wash. Post,
246 F.2d 670 (D.C. Cir. 1957)...................................................................................................7
Simon v. Shearson Lehman Bros,
895 F.2d 1304 (11th Cir. 1990) .................................................................................................6
Zinda v. La.-Pac. Corp.,
409 N.W.2d 436 (Wis. Ct. App. 1989), affd in part, revd in part on other grounds,
440 N.W.2d 548 (Wis. 1989) ....................................................................................................6
ii
I.
INTRODUCTION
The United States Government refuses to make a reasonable production of documents in

response to Defendant Larry OConnors subpoenas duces tecum on the United States
Department of Agriculture (USDA) and the Executive Office of the President (EOP). The
subpoenas seek information relating to Plaintiff Shirley Sherrod, a former political appointee at
the USDA, and her forced resignation on July 19, 2010 by Secretary Tom Vilsack. Agreeing
with commentary by Andrew Breitbart and Larry OConnor regarding a March 27, 2010 speech
she gave to a Georgia chapter of the NAACP, the USDA repeatedly asserted that she was not
acting appropriately for a public official before reversing course two days later.1 Despite this
central role in the case, the Government claims that it is has no relevant information and should
not have to make a comprehensive search for documents in response to the subpoenas.
The relevance, however, flows directly from Sherrods claims for defamation, false light
and intentional infliction of emotional distress. For each, she must establish that OConnors and
Breitbarts actions were the natural and proximate cause of any harm that she allegedly has
suffered. The USDA knew far more about Sherrods controversial speech than Breitbart and
OConnor when they commented on it in the July 19, 2010 blog post (the Blog Post). Yet
despite this knowledge which included Sherrods side of the story the USDA nevertheless
forced her to resign and publicly chastised her. Whether there were other reasons for the
USDAs actions, including whether the Blog Post was a pretext for the USDA to force her out,
are legitimate questions and relevant to whether defendants proximately caused her injury. The
subpoenas also seek evidence concerning the Governments evaluation of Sherrods remarks and
her conduct in office, which would further support and defend OConnor and Breitbarts
opinions, commentary, and criticism of Sherrod.
1
The subpoenas to the USDA and the EOP are attached as Exhibits 2 and 3, respectively.
OConnor served the subpoenas on the USDA and EOP in November 2013. Since then,
the Government has made one and only one proposal on December 19, 2013, for a process to
search, identify, and collect responsive documents. An analysis of the Governments proposal
based on USDA documents already made public showed that it would fail to uncover
approximately half of the responsive documents. To ensure a more complete production,
counsel for OConnor provided the Government a counter-proposal with additional keywords to
search the critical 16-day time period in July 2010 surrounding Sherrods resignation.
Thereafter, to accommodate the Governments claims of alleged burden, OConnor has reduced
significantly the number of search terms in his proposal. But for three months the Government
has refused to add search terms or even begin collecting documents. And just this past week it
has claimed that it will take several months merely to collect the e-mails while it reserves all
objections on relevance and privilege.
Accordingly, OConnor hereby moves to compel production of documents from the
USDA and EOP and seeks an order requiring the Government to make a prompt production of
documents based on the reasonable keyword search protocol attached hereto as Exhibit 1.
II.
FACTUAL BACKGROUND
The USDAs role in this case began well before BigGovernment.com published a single
word about Shirley Sherrod in Andrew Breitbarts Blog Post on July 19, 2010. Four days earlier,
on July 15, at least three USDA officials, including Sherrods direct supervisor, were alerted to a
video clip on YouTube that showed Sherrod making her racially charged speech that is the
subject of this lawsuit.2 The video contained Sherrods statements that she was reluctant to give
the full force of her assistance to a troubled white farmer, but that she later decided to help
2
Big Government, NAACP Bigotry in their ranks, YOUTUBE (July 19, 2010), available at
http://www.youtube.com/watch?v=t_xCeItxbQY (attached as Exhibit 4).
2
him. In e-mail exchanges with her supervisor, other USDA officials, and the two U.S. senators
from Georgia, Sherrod claimed that the video was taken out of context, emphasized that she had
helped the white farmer, and noted that the anecdote in the video clip referred to events from
more than twenty years before.3
Sherrod claims that the Blog Post was defamatory because it was misleading,4 but if
there was anyone who should not have been misled, it was Sherrods bosses at the USDA.
They knew Sherrod. They had vetted her background prior to her appointment.5 They were
familiar with her track record in that position. And they were on notice, from Sherrod herself, of
the purported full context of her controversial speech.
Notwithstanding their knowledge of these key facts, dozens of internal government emails demonstrate that USDA officials, with encouragement from the White House, were among
the harshest critics of Sherrod after the video made news. USDA e-mails released under the
Freedom of Information Act (FOIA) reveal a chain reaction of outrage that rippled swiftly
through the agency and culminated in Sherrods forced resignation. For example, on the
morning of July 19, Chris Mather, the USDAs communications director, e-mailed colleagues:
Urgent, This is horrible.6 Krysta Harden, an assistant secretary at the USDA who was
traveling with Secretary Tom Vilsack that day, responded that the Secretary was absolutely sick
and mad over the S Sherrod issue and wanted her put on administrative leave immediately.7
3
The video had been uploaded to YouTube by OConnor, who had intended to set the video as
private for viewing only by his colleagues. But unbeknownst to OConnor at the time, he
inadvertently made it available for public viewing. As many as 40-50 people viewed the video,
and at least two separately e-mailed Sherrod on July 15, 2010. Sherrod responded, copying the
USDA officials. See Selection of E-mails Released by USDA Pursuant to FOIA (attached as
Exhibit 5) at FOIA Production (FP) 001, 003.
4
E.g., Compl. 4 [Dkt. 1, Ex. B].
5
Ex. 5, FP 013-019.
6
Ex. 5, FP 005.
7
Ex. 5, FP 056.
3
John Berge, Hardens deputy, wrote a few hours later, She should be fired. As an appointee,
she has no recourse.8 Harden agreed: This is awful, she wrote. If [Vilsack] can right out fire
her he will or ask for her resignation. How soon can he move?9
By 6:35 p.m., Cheryl Cook, a USDA deputy undersecretary, had placed four increasingly
panicked phone calls to Sherrod.10 During the fourth call, Cook demanded that Sherrod, who
was driving, pull over to the side of the road and immediately submit her resignation. According
to Sherrod, Cook told her that the White House had demanded the resignation.11 Nearly
simultaneously, Secretary Vilsack released the first of two public statements condemning
Sherrod. In his first public comment, the Secretary stated that there is zero tolerance for
discrimination at USDA, and I strongly condemn any act of discrimination against any person.12
The next morning on July 20, 2010, Christopher Lu, a top adviser to President Obama, e-mailed
a USDA official and said that the White House was pleased with how quickly the USDA took
this action.13 Later that day, after Sherrod took to the airwaves to broadcast her story, Secretary
Vilsack doubled-down in a second public statement, stating that he demanded her resignation for
two reasons: one, because the controversy would make it more difficult for the USDA to move
forward on correcting past civil rights injustices at the USDA, and two, rightly or wrongly, the
controversy would cause situations where her decisions would be called into question.14 As a
USDA official told the press, She did tell her side but it didnt matter. Her comments
undermine the public trust that we are equal and fair.15
8
Ex. 5, FP 007.
Ex. 5, FP 009.
10
Ex. 5, FP 055.
11
Compl. 76.
12
Ex. 5, FP 023.
13
Ex. 5, FP 028.
14
Ex. 5, FP 036.
15
Ex. 5, FP 033.
9
Even as the agency was doing all it could to sever ties with Sherrod, the e-mails make
clear that high-ranking agency officials understood the full context of Sherrods speech all
along. For instance, more than two hours before Cooks final phone call to Sherrod demanding
her resignation, Dallas Tonsager, the USDA undersecretary of rural development, e-mailed
Secretary Vilsack and other officials explaining Sherrods side of the story:
Shirley explained to Cheryl [Cook] that this piece of tape shows only one small
part of a longer story she told of her personal transformation beyond race, and is
about a farmer who came to see her in 1986 when she was working as a farm
advocate. The rest of the story apparently explains how she came to assist this
farmer and many other white farmers during this time period.16
Of course, the video excerpt in the Blog Post itself makes clear that Sherrod ultimately
helped the white farmer and that she was discussing her personal transformation beyond race.17
And Sherrod herself had already explained them to her bosses before and right after the Blog
Post was published.18 In other words, Secretary Vilsack, the USDA, and the White House could
not have been duped by a misleading video or a critical blog post; they understood all of the
relevant facts better than anyone. Yet they chose to cut ties with Sherrod anyway and they did
so hastily, harshly, and heavy-handedly, only then to abruptly reverse course two days later and
offer her job back.
What is less clear at this stage is why the agency acted this way. The e-mails produced
under FOIA are heavily redacted and many appear to be missing completely. For instance, emails about Sherrods role in Pigford v. Glickman, a high-profile class action lawsuit alleging
racial discrimination against black farmers by the USDA, and that lawsuits relation to Sherrods
termination, are redacted. In addition, the Government failed to produce any e-mails that were
16
Ex. 5, FP 008. See also Ex. 5, FP 020 (Vilsacks chief of staff: Has anyone had direct
conversation with the USDA staff to hear her explanation? Deputy chief of staff: Yes).
17
Compl., Ex. A.
18
Ex. 5, FP 001, 003.
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collected from Sherrods own e-mail account. Also missing are e-mails or other documents
explaining Secretary Vilsacks complete about-face on July 21. The Government contends that
his public statement claiming that, based on the release of the full video of the speech by the
NAACP, her statements were taken out of context fully explains the Governments position.
But it doesnt. The full video of the speech, which was released by the NAACP the night before,
provided no information that the USDA did not already have.
III.
A.
ARGUMENT
The documents OConnor seeks are relevant to the parties claims and defenses.
OConnors subpoenas to the USDA and the EOP target four main categories of
information: (1) communications between and among government officials and others regarding
Sherrod, her speech and her termination; (2) documents relating to the speech itself, which was
given in March 2010; (3) documents addressing Sherrods appointment and performance in
office as a USDA official; and (4) documents concerning the defendants. While the subpoenas
broke down the categories into specific requests to assist the Governments collection of the
information, there are not, as the Government incorrectly asserts, more than 80 different
categories of requests. Each category is directly relevant to the claims and defenses in this case.
1.
The USDA and EOP discovery relates to whether Sherrod can establish that
the Blog Post caused her injury.
It is well established that Sherrod must prove that it was the defendants alleged conduct,
not something else, that caused her harm. Simon v. Shearson Lehman Bros, 895 F.2d 1304, 1316
(11th Cir. 1990) (applying California law) (defamation plaintiff terminated from job bears
burden of proving the slanderous statement was both factual cause and proximate cause of
[plaintiffs] termination); see also Brown v. Petrolite Corp., 965 F.2d 38, 43 (5th Cir. 1992) (a
defamation plaintiff must prove that defamatory language proximately caused his or her injury);
Zinda v. La.-Pac. Corp., 409 N.W.2d 436, 442 (Wis. Ct. App. 1989) (plaintiffs burden to show
that the loss was attributable to the defamation, not to [his] wrongful discharge.), affd in part,
revd in part on other grounds, 440 N.W.2d 548 (Wis. 1989). As the D.C. Circuit has held, there
is no doubt that a defamation plaintiff must show that her harm was the natural and proximate
consequence of the alleged inaccuracies contained in the article, and not the result of other
causes[.] Schoen v. Wash. Post, 246 F.2d 670, 672 (D.C. Cir. 1957).
The Complaint alleges that the Blog Post caused her harm: by causing Mrs. Sherrods
forced resignation from the USDA; by inhibiting [her] successful performance of her previous
job duties; by limiting [her] future career prospects; and by subjecting [her] to unwanted
attention, harassment and persecution.19 In addition, OConnor has asserted the affirmative
defense that he cannot be liable for harm caused by the acts of others.20 To the extent any of
Sherrods alleged harm was caused by the Obama Administration, Secretary Vilsack, or others,
that evidence is directly relevant to claims and defenses in this case.
Furthermore, the existence of this evidence is far from speculative. The FOIA e-mails
show that Sherrods role in the Pigford v. Glickman litigation (known as Pigford I), and not the
Blog Post, may well have caused Secretary Vilsack to ask for her resignation. Pigford I involved
allegations by African-American farmers that federal loan officers at the USDA had
systematically thwarted [the farmers] attempts to borrow money to farm because of their
race.21 Sherrod, her husband Charles, and an organization that they appear to have resurrected
for purposes of the Pigford litigation, New Communities, Inc., were major claimants in the case.
Just days before Sherrod was appointed to her federal position at USDA, New
19
Compl., p. 36, Count 1.

Answer of Defendant Larry OConnor [Dkt. 38], p. 13, Aff. Defense 18.
21
Sharon LaFraniere, U.S. Opens Spigot After Farmers Claim Discrimination, N.Y. TIMES
(April 25, 2013), available at http://www.nytimes.com/2013/04/26/us/farm-loan-bias-claimsoften-unsupported-cost-us-millions.html?_r=0.
20
Communities and the Sherrods were awarded more than $13 million for their claims in Pigford I,
including $300,000 to the Sherrods for purported mental anguish caused by USDA. The
settlement was the largest awarded in the Pigford I litigation. In her book, The Courage to Hope,
Sherrod noted that her appointment as Georgia Director of Rural Development made her the boss
of the same administrators at USDA that she had had to nudge and confront during the Pigford
I case, implying that her role in Pigford I may not have endeared her to others at the agency.22
Thus, although Sherrod has tried to redirect attention away from her settlement and the
controversy surrounding whether Pigford I was a magnet for fraud and subject to systematic
abuse,23 the USDA e-mails and other evidence reveal that Pigford I was very much part of the
discussion surrounding her termination.24
Indeed, during July 2010, a controversial bill was pending in Congress to appropriate
more than $1 billion for settlements to a second wave of plaintiffs in what is known as Pigford
II.25 USDAs Assistant Secretary for Congressional Relations Krysta Harden and her deputy
both of whom would have been responsible for helping to shepherd Pigford II funding legislation
through Congress were among the first to call for Sherrods firing.26 They also immediately
began contacting key members of Congress, authorizers and appropriators.27 The e-mails
22
Shirley Sherrod, The Courage to Hope (Atria 2012) at 133.

LaFraniere, supra note 21.
24
For example, one heavily redacted USDA e-mail dated July 20, 2010 had a subject line that
referenced Sherrods Track B Decision. Track B refers to the track in the Pigford I settlement
where a claimant can attempt to prove actual damages (and thus obtain an increased award) as
opposed to the standard settlement amount. Ex. 5, FP 041.
25
President Obama would state just a few weeks after Plaintiffs resignation that funding the
$1.25 billion Pigford II settlement, which had been stalled in Congress for more than seven
months, was a priority. See Rachel Slajda, Obama: Pigford II Settlement For AfricanAmerican Farmers Is A Priority, TALKING POINTS MEMO (Sept. 10, 2010), available at
http://talkingpointsmemo.com/muckraker/obama-pigford-ii-settlement-for-african-americanfarmers-is-a-priority.
26
Ex. 5, FP 007, 009.
27
See, e.g., Ex. 5, FP 054.
23
further show that the USDA and White House were assembling and sharing information about
Sherrods massive settlement in Pigford I.28
The NAACP, Congressional Black Caucus, and Federation of Southern Cooperatives all
raised concern about Sherrod and possible adverse effects on pending Pigford II funding
legislation.29 Furthermore, after a meeting with Secretary Vilsack about her resignation on
August 24, 2010, Sherrod herself directly linked the Pigford II litigation and her termination in a
joint press conference with the Secretary: I want to say thank you to the Secretary for the
updates on Pigford and the discussion weve had had this morning about what happened.30
The e-mails also show that government officials who viewed the same video as Breitbart
and OConnor and had even more information also perceived Sherrods story about the white
farmer as a racist tale and, as the Blog Post suggested, that she viewed her work through a prism
of race and class distinctions.31 The fact that USDA officials also were deeply disturbed by
Sherrods statements, notwithstanding their consideration of Sherrods explanation, suggests that
they acted for reasons separate and apart from anything Breitbart and OConnor had done.32
There can be no dispute, as the e-mails document, that a number of factors were at play
when Sherrod was forced to resign. Yet the limited (and heavily redacted) information leaves a
number of open questions. For instance, why did the USDA and the White House time and
28
Ex. 5, FP 044 (internal correspondence regarding Sherrods Pigford I claim and decision,
subject line: HELP [SHERROD TRACK B DECISION].), 039-041 (earlier correspondence in
same e-mail chain regarding Sherrods Pigford I claim), 037 (asking aide to send information
about Pigford to reporter), 042-043 (e-mail from reporter asking about Pigford II settlement
funding and whether her Pigford I settlement had anything to do with Sherrods hiring or
resignation).
29
Ex. 5, FP 029-030 (NAACP), 050-051 (Congressional Black Caucus), 047-049 (Federation of
Southern Cooperatives).
30
Transcript, USDA Press Conference (Aug. 24, 2010), available at
http://www.usda.gov/wps/portal/usda/usdahome?contentidonly=true&contentid=2010/08/0421.x
ml (attached as Exhibit 6).
31
Compl., Exhibit A.
32
Ex. 5, FP 008.
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again ignore Sherrods explanations? Why did USDA official Cheryl Cook claim that it was the
White House that had demanded her resignation when Secretary Vilsack later claimed that it was
his decision alone? Why did Secretary Vilsack completely reverse his decision when he knew
about the context of her remarks from Sherrod herself prior to her resignation? The
Governments contention that the Secretarys public comments are all that the parties need is not
a basis for refusing to provide relevant information concerning who and what was responsible for
allegedly injuring Sherrod as she claims.
2.
Information from the USDA and the EOP that supports defendants
evaluation of Sherrod and her speech is relevant.
OConnor is entitled to information that will support his evaluation and characterization
of Sherrod and her speech. It is well-established that the plaintiff bears the burden of proving
falsity. See Phila. Newspapers v. Hepps, 475 U.S. 767, 775 (1986). To the extent that the
commentary in the Blog Post is substantially supported by information from the USDA and the
EOP, Sherrod cannot succeed on her defamation claim. Moldea v. New York Times Co., 22 F.3d
310, 318-19 (D.C. Cir. 1994) ([s]ubstantial truth is a defense to defamation).
The Blog Post commented that Sherrod viewed her work at USDA through a prism of
race and class distinctions.33 E-mails, documents and other information from the USDA that
show how Sherrod conducted her work during her short tenure at the USDA are thus directly
relevant. In her March 27, 2010 speech, Sherrod criticized current federal programs with
business and industry that had given not one dime to black business.34 She also spoke about a
family that had recently come to her for assistance concerning their 515 acres of land and
33
Compl., Exhibit A.
Transcript, NAACP Video of Ms. Sherrods March 27, 2010 Speech Available at
http://www.naacp.org/news/entry/video_sherrod/ (attached as Exhibit 7) at 21:2-12.
34
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bemoaned to her audience that there was a white man already lined up to buy it.35 To the
extent USDA has similar information about Sherrods views and conduct, it is relevant.
B.
The Department of Justices proposal for production of USDA and EOP documents
is unreasonably deficient.
1.
The Governments proposed search terms would fail to uncover

approximately half of the responsive documents from USDA.
The Department of Justice (DOJ) proposal principally includes (1) a search of e-mails
from a group of USDA employees for the names and titles of the parties to this action; and (2) a
search of the e-mail accounts of Sherrod and two of her Georgia State Rural Development
colleagues using just seven keyword search terms.36 To test the effectiveness of this proposal,
counsel for OConnor ran the DOJs search terms through the incomplete and heavily redacted
FOIA documents. Approximately 46 percent of the documents did not contain a single term on
DOJs search term list, documents even the USDA acknowledged were responsive to the FOIA
requests concerning Secretary Vilsacks decision to seek Sherrods resignation.37
For example, the DOJs proposal would have missed USDAs Director of
Communications asking Secretary Vilsacks Deputy Chief of Staff, Did Shirley ever send us the
whole tape?38 It also would have missed the response to that e-mail: I never heard from her.39
OConnors proposal would capture those communications. Similarly, the DOJ proposal would
have failed to pick up the discussions between Secretary Vilsack and high-ranking members of
35
Id. at 23:24-24:1-9.
The DOJs search proposal is attached as Exhibit 8.
37
See Memorandum of the Department of Justice [Dkt. 89] (filed Feb. 20, 2010) at 5
(identifying FOIA request for all e-mails concerning Sherrod, her speech and her resignation,
among other things).
38
Ex. 5, FP 038.
39
Ex. 5, FP 038. On July 15, a full four days before the Blog Post was published, a USDA
official had also asked Sherrod for the tape of her full speech. See Ex. 5, FP 002 (If you can
link me to the entire tape and I see this was out of context I will do what I can to get your entire
message out.). It appears that Sherrod never responded by e-mail and never provided the tape.
36
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the White House including Chief of Staff Rahm Emanuel, Press Secretary Robert Gibbs, and
Cabinet Secretary Christopher Lu.40
A search term list that fails to uncover half of the documents is unreasonably restrictive.
2.
The DOJs proposal would fail to uncover the communications within

Executive Office of the President.
The DOJs proposal is restricted to the USDAs documents and would not uncover
communications internal among White House staff. The EOP documents also have not been
collected and searched, even though the subpoena was served more than three months ago. The
limited, available documents from USDA strongly suggest that there were internal EOP
communications concerning the decision to seek Sherrods resignation and Secretary Vilsacks
public statement vehemently criticizing her. For example, USDA Director of Communications
remarked to a White House spokesman regarding the White Houses involvement: I guess
some folks over there are circling wagons.41 Once Sherrod was asked to resign, a White House
communications director commented to the USDA regarding Secretary Vilsacks public
statement: Were good with this version on this end. Counsel has cleared the language.42
C.
OConnors proposal for the production of USDA documents is reasonable and not
burdensome.
To make the search term list reasonably effective at identifying relevant documents,
OConnor respectfully requests that the Court require USDA and the EOP to supplement DOJs
proposed list with the search terms identified in the protocol attached as Exhibit 1. Each of the
40
Ex. 5, FP 045, 046. See also Ex. 5, FP 007, 022, 024, 025, 026, 027, 032, 034, 035, 038, 042,
044, 047, 052-053.
41
Ex. 5, FP 011-012.
42
Ex. 5, FP 023. In addition, White House officials reportedly have acknowledged in
background interviews that the White House was more involved in the immediate response to
the video of [Ms.] Sherrods remarks than officials initially let on. See Mary Clare Jalonick,
Sherrod firing: emails reveal White House role, CHRISTIAN SCIENCE MONITOR (March 8, 2012),
available at http://www.csmonitor.com/USA/Latest-News-Wires/2012/0308/Sherrod-firingemails-reveal-White-House-role.
12
search terms in this protocol comes from USDA documents released pursuant to FOIA requests.
As such, the Government cannot contend that these terms are not reasonably calculated to lead to
the discovery of relevant evidence. The size and scope of the search term list (and the number of
individuals whose e-mails need to be searched) is necessary and reflective of the extensive
communications within USDA and the White House about Sherrod, her speech, her resignation
and the aftermath of her resignation. Since they are proven to identify documents the relevance
of which even USDA has acknowledged, it cannot be disputed that the search terms in Exhibit 1
are appropriate to identify additional relevant documents.
OConnors proposal in Exhibit 1 for the search and production of USDA documents is
not burdensome. It essentially limits the search of e-mails to one keyword Sherrod except for
a key 16-day period in 2010, where it requires a search using multiple terms. To the extent that
these searches return an unwieldy number of documents, counsel for OConnor has informed the
Government that the proposal may be re-evaluated.
D.
OConnors proposal for the production of EOP documents is reasonable and not
burdensome.
The Government asserts, on the one hand, that the EOP played no part in the decision to
ask Sherrod to resign,43 but on the other, that it purportedly has a multitude of documents relating
to its involvement that would present burdens of constitutional proportions. The Government
cites Cheney v. U.S. District Court, 542 U.S. 367 (2004), where it sought mandamus, but there
are significant dissimilarities between the discovery in Cheney and the EOP subpoena.
In Cheney, Vice President Cheney was a party and personally the subject of exceedingly
43
The Government contends that Secretary Vilsacks statement to the press on July 21, 2010 that
[t]here was no pressure from the White House to ask Plaintiff to resign [Dkt. 89-4 at 1-2]
forecloses discovery on the issue. Secretary Vilsack, however, is neither the finder of fact nor
the arbiter of relevance in this litigation. As demonstrated herein, supra at 4, 11-12, there is
more than sufficient foundation to conclude that the EOP was directly involved with Sherrods
termination.
13
broad discovery requests, including interrogatories and sweeping document requests. The
Supreme Court made clear that [w]ere the Vice President not a party in the case, the argument
that the Court of Appeals should have entertained an action in mandamus, notwithstanding the
District Courts denial of the motion for certification, might present different considerations.
Here, however, the Vice President and his co-members on the NEPDG are the subjects of the
discovery orders, which raised the prospect of distract[ing] the Executive Branch from the
energetic performance of its constitutional duties. 542 U.S. at 381-82.
By contrast, mindful of the Presidents important constitutional duties, OConnor simply
requests the attention of IT staff, not senior EOP employees or officials, let alone the Vice
President (as in Cheney) or the President himself. The protocol attached hereto as Exhibit 1
simply requires a search of archived e-mail of ten EOP employees (whose involvement is
undisputed) using a single computer search term over a 16-day period and no interrogatories.
The narrow scope of OConnors requests stands in stark contrast to the exceedingly broad
requests in Cheney, which asked for everything under the sky, id. at 387, replete with detailed
and far-ranging interrogatories and sweeping requests for production of documents. Id. at 396.
E.
After sitting on its hands for more than three months, the Government cannot now
complain that a timely production would be too burdensome or disruptive.
The parties subpoenas were served more than three months ago, in October and
November of 2013. Even under its own conservative estimates, if the Government had begun
collecting documents in the weeks following its receipt of those subpoenas, it would be done by
now. By choosing not to take prudent steps to begin collecting documents in response to the
subpoenas even those covered by its own insubstantial proposal the Government cannot now
complain that a timely production would be too burdensome or disruptive. Whatever burden or
disruption may exist is of the Governments own making.
14
IV.
CONCLUSION
For the foregoing reasons, Defendant Larry OConnor respectfully requests that the Court
compel production of the documents in response to his subpoenas to the USDA and EOP and
require the Government to implement the search protocol and document collection as set forth in
Exhibit 1.
Respectfully submitted,
/s/ Mark I. Bailen
Bruce W. Sanford (356568)
Bruce D. Brown (457317)
Mark I. Bailen (459623)
BAKER & HOSTETLER LLP
1050 Connecticut Ave. NW, Suite 1100
Tel: 202-861-1715
Fax: 202-861-1783
bsanford@bakerlaw.com
bbrown@bakerlaw.com
mbailen@bakerlaw.com
Attorneys for Defendant Larry OConnor
15

SHIRLEY SHERROD,
Plaintiff,
v.
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
Case No. 1:11-cv-00477 (RJL)
LIST OF EXHIBITS TO DEFENDANT LARRY OCONNORS MOTION TO COMPEL

COMPLIANCE WITH SUBPOENAS DIRECTED TO THE UNITED STATES
DEPARTMENT OF AGRICULTURE AND THE EXECUTIVE OFFICE OF THE
PRESIDENT OF THE UNITED STATES
Exhibit 1
Defendant Larry OConnors Proposed Keyword Search Protocol
Exhibit 2
Defendant Larry OConnors Subpoena to the United States Department of

Agriculture
Exhibit 3
Defendant Larry OConnors Subpoena to the Executive Office of the President

of the United States
Exhibit 4
Big Government, NAACP Bigotry in their ranks, YOUTUBE (July 19, 2010),
available at http://www.youtube.com/watch?v=t_xCeItxbQY
[CD to be filed separately with the Court.]
Exhibit 5
Selection of E-mails Released by USDA Pursuant to FOIA (FP 001-056)
Exhibit 6
Transcript, USDA Press Conference (Aug. 24, 2010), also available at

http://www.usda.gov/wps/portal/usda/usdahome?contentidonly=true&contentid=2
010/08/0421.xml
Exhibit 7
Transcript, NAACP Video of Ms. Sherrods March 27, 2010 Speech Available at
http://www.naacp.org/news/entry/video_sherrod/
Exhibit 8
E-mail from David Glass to Mark Bailen, et al., Sherrod: Proposed Electronic
Searches (Dec. 19, 2013, 10:45 ET)
EXHIBIT 1
PROTOCOL FOR SEARCH AND PRODUCTION OF E-MAIL RECORDS
OF THE UNITED STATES DEPARTMENT OF AGRICULTURE
1. Shirley Sherrod E-mails: For the dates July 25, 2009 through July 19, 2010, the USDA shall
search and produce Shirley Sherrods e-mails (including inbox, outbox, drafts, and
attachments).
2. Headquarters (HQ) E-mails (Sherrod Only): For the dates January 1, 2009 through July
14, 2010, the USDA shall search and produce the e-mail (including inbox, outbox, and
attachments) of the individuals listed in Exhibit A to this Protocol for all documents
containing the word Sherrod (excepting references to Sherrod Brown, Sen. Brown, and
Senator Brown).1
3. Rural Development (RD) E-mails (Sherrod Only): For the dates July 1, 2009 through July
attachments) of the individuals listed in Exhibit B to this Protocol for all documents
Senator Brown).2
4. HQ and RD E-mails (Search Term List): For the dates July 15, 2010 through July 30, 2010,
the USDA shall search and produce the e-mail (including inbox, outbox, and attachments) of
the individuals listed in Exhibits A and B to this Protocol for all documents containing the
words or phrases listed in Exhibit C to this Protocol.
5. HQ and RD E-mails (Sherrod Only): For the dates July 31, 2010 through December 31,
2012, the USDA shall search and produce the e-mail (including inbox, outbox, drafts, and
attachments) of the individuals listed in Exhibits A and B to this Protocol for all documents
Senator Brown).

1
Counsel for Mr. OConnor understands, based on representations from counsel for the
Department of Justice, that the emails of Rural Development employees are organized separate
from the e-mail for USDA headquarters staff. As a result, Exhibit A lists headquarters
employees and Exhibit B lists Rural Development employees.
2
Mr. OConnor is not requesting e-mails for Rural Development employees prior to July 1, 2009
because counsel for Mr. OConnor understands, based on representations from DOJ counsel, that
those e-mails are on inaccessible magnetic storage tapes.
PROTOCOL FOR SEARCHING E-MAIL RECORDS

OF THE EXECUTIVE OFFICE OF THE PRESIDENT
1. For the dates July 15, 2010 through July 30, 2010, the EOP shall search and produce the email (including inbox, outbox, and attachments) of the individuals listed in Exhibit D to this
Protocol for all documents containing the word Sherrod (excepting references to Sherrod
Brown, Sen. Brown, and Senator Brown).
Exhibit A
USDA Headquarters Employees
Secretary
Tom Vilsack
Karen Ross
Carole Jett
Sally Cluthe
Malcolm Eve
Doug OBrien
Monica Wyant
David Lazarus
Assistant Secretary for Administration

Terry DAddio
Robin Heard
Alma C. Hobbs
Quinton Robinson
Carolyn C. Parker
Bobbi Jeanquart
Assistant Secretary for Civil Rights
Joe Leonard
Mary McNeil
Legislative Affairs
Krysta Harden
John Berge
Erin Hannigan
Lilia McFarland
Tina May
Sarah Misailidis
Julie Allen
Todd Williamson
Janice Williams
Chris Church
Communications
Chris Mather
Justin DeJong
Caleb Weaver
General Counsel
Steve Silverman
Frederick Pfaeffle
J. Michael Kelly
Arlean Leland
Inga Bumbary-Langston
White House Liaison

Kevin Washo
Farm Service Administration

Karis Gutter
Deputy Secretary
Kathleen Merrigan
Chad Maisel
Suzanne Palmieri
Office of Advocacy and Outreach

Pearlie S. Reed
Exhibit B
USDA Rural Development Employees
Rural Development
Dallas Tonsager
Cheryl Cook
Yeshimebet Abebe
Lisa Zaina
Wayne Maloney
Timothy McNeilly
Georgia Rural Development
Donnie D. Thomas
EJ Stapler
Deborah Callahan
Donna Graves
Exhibit C
Search Terms
Kingston
leave
Meet the Press
NAACP
New Communities
OConnor
OAO
offer*
Paige
Pearlie
Pigford
PPO
President*
race
racis*
Rahm
RD Director
Reed
resign*
Rose Sanders
Saxby
Sherrod (excepting references to Sherrod
Brown, Sen. Brown, and Senator
Brown)
Shirley
Spooner*
Tea Party
terminat*
transcrip*
TJV
Towns
Track B
transcri*
vet*
video
white farmer*
approp*
Big Government
Bishop
Breitbart
Brietbart [for misspellings]
CBC
Chambliss
Cherlin
Cheryl
Chris* Lu
Clyburn
Congressional Black Caucus
Cook
Dallas
Denise Wilson
discriminat*
FSC
fire* (excepting w/ forest)
firing
Fitz*
Fox
Freedom Fund
full copy
GA-RD
GA/RD
GA RD
GA situation
GA state director
Gavin
Georgia delegation
Georgia RD
Georgia state director
Gibbs
Green
Hill
James Cruey
John Lewis
Exhibit D
Executive Office of the President Employees
Rahm Emanuel
Robert Gibbs
Jim Messina
Michael A. Blake
Christopher Lu
Chris Reid
Tom Gavin
Reid Cherlin
Valerie E. Green
EXHIBIT 4
Submitted On CD
Page 1 of 6
Release No. 0421.10

Contact:
Office of Communications 202-720-4623
The Honorable Tom Vilsack,Secretary of the U.S. Department of Agriculture;and Shirley
Sherrod
Tuesday, August 24, 2010
SECRETARY VILSACK: Good morning, everyone. We have just about an hour-and-ahalf conversation with myself and Shirley. During the course of our conversation, we had Dr.
Joe Leonard, the Assistant Secretary of Civil Rights, and Pearlie Reed, who is the Assistant
Secretary for Administration. We had a far and good conversation.
Shirley was interested in the progress that we were trying to make in terms of settling
lawsuits that had been filed against the Department for civil rights violations, commonly
referred to as the "Pigford case," which Shirley unfortunately knows far too much about as a
plaintiff in that case early in the process, and I think it's fair to say that we both feel it's
appropriate and necessary for the Senate to take action as quickly as possible to make sure that
the appropriations for those cases are made and that we get those cases settled as quickly as
possible, as well as the cases that have been filed against the Department by Native Americans
and Hispanic and women farmers.
We also talked about the fact that in the previous eight years prior to this administration,
there had been a number of claims that for whatever reason were not fully looked at and
investigated. We have reopened those cases, but we need congressional action, the Statute of
Limitations, to make sure that we do justice to those folks who were not treated fairly by the
Department.
Shirley was also very interested in the work that we're doing with an independent
consultant, the Jackson Lewis group, which has been hired by us sometime ago prior to this
incident, in which we asked the Jackson Lewis group to go out into a number of States to take a
real hard look at our current procedures and policies in terms of how we deal with folks who
come into the Farm Service Agency Offices and the Rural Development Office to see if there
are ways in which we can make sure that we don't have these problems of discrimination in the
future. That work will be completed sometime this year, and that becomes relevant to next
steps for the Department and Shirley.
I did my best, I think it's fair to say. I did my best to try to get her to come to USDA, to
stay at USDA on a full-time basis. We talked about the Office of Advocacy and Outreach and
what her unique skills could bring to that office. We also talked about the opportunity that
would be made available, if that was not something she was interested in doing, to return to
Georgia in her position as the State Director. For reasons that Shirley will get into, that doesn't
fit what she needs, what she wants, and what she deserves, and so we talked about the
possibility of utilizing Shirley's unique characteristics and experiences and her passion, her
undying passion to see discrimination rooted from this country, so that when we get the report
from the consultant that tells us the steps that we need to take to improve our processes and
procedures at all levels, it's my intent and hope that we can ask for Shirley to assist us in some
sort of consulting way for full implementation and proper implementation of those
recommendations. And I think there's no one in the country better suited to assist us in that
effort than Shirley.
http://www.usda.gov/wps/portal/usda/usdamediafb?contentid=2010/08/0421.xml&printable... 3/3/2014
Page 2 of 6
Having been a victim of discrimination, having had a family who suffered a painful loss as
a result of discrimination, having served as the Director of Rural Development and knowing
full well the programs and having worked in Georgia to begin changing things in that State, so
that there was fairness and full opportunity, there's no one that can help us better in that
position than Shirley. So we are looking forward to later in the year reconnecting, once the
report is concluded, and we also talked very briefly about the steps we have taken internally
within USDA following our study of the circumstances and some of the steps that we're taking
to improve decisionmaking as USDA.
With that, Shirley?
MS. SHERROD: Good morning. I want to say thank you to the Secretary for the updates
on Pigford and the discussion we've had this morning about what happened and the steps that
will be taken in the future, so that hopefully on one else will have to deal with what I've had to
deal with over the last four or five weeks.
I enjoyed my work at USDA. As most of you know, I didn't work in government prior to
about a year ago now. It only lasted 11 months, but I did enjoy that work and would want to
see that work continue. I just don't think at this point, with all that has happened, I can do that
either in the new position that was offered or as State Director for Rural Development in
Georgia.
It doesn't mean that I'm not interested in that work because I certainly am. I was working
on many of those issues long before coming to the government and would hope to be able to
work on many of those issues in the future.
So I've had lots of support from around the country. I've had many, many, many thousands
of pieces of mail. Many of those, I would like to answer. I need a little time to be able to deal
with that, to sort of take a break from some of all that I've had to deal with over the last few
weeks, and I look forward to some type of relationship with the Department in the future.
We do need to work on the issues of discrimination and racism in this country, and I
certainly would like to play my role in trying to help deal with it, so thank you.
MODERATOR: Questions from members of the media?
QUESTION (Associated Press): Secretary Vilsack, Mary Clare Jalonick from AP. Could
you tell us a little bit about the investigation you all did into what happened? I know that was
supposed to be finished around -SECRETARY VILSACK: Sure. You know, it starts with the responsibility that I have to
take personally for making sure that instructions that are given to staff are clear and complete
and comprehensive. It requires us to take a look at travel schedules to make sure that we have
sufficient staff at various offices.
At the time this incident occurred, I was on travel, the Chief of Staff was on travel, so we
need to do a better job of coordinating travel schedules.
We obviously have to take a look at the process that was used for political appointees in
terms of actions and steps. We need a much more collaborative process engaging the Under
Secretaries and senior staff members before decisions are finalized.
We obviously also have to make sure that everyone has contact information that's accurate
and complete, and we have to establish protocols for contacting folks who may be in a situation
where there may be the possibility of disciplinary action, to make sure that their rights are fully
protected.
Page 3 of 6
Political appointees were treated a little differently than a career appointee, and we
obviously need to make sure that there's a more parallel system for political appointees, so that
what Shirley went through doesn't happen again. That's the goal.
These recommendations will be and are in the process of being incorporated into our
procedures now.
QUESTION (CNN): Secretary Vilsack, Brian Todd from CNN.
The afternoon that Ms. Sherrod came out and clarified what had happened, it became clear
that her remarks were taken out of context. You still stood by the removal of her, at least in the
immediate. Why did you do that, and what changed your mind since then? Was there pressure
from somewhere else outside the Department?
SECRETARY VILSACK: No, there wasn't pressure, but because I was not necessarily in
this office, I didn't avail myself of the full range of advice and counsel. I was not aware, for
example, that the Under Secretary of Rural Development was attempting to get a hold of me to
suggest that perhaps we needed to take another period of time to review.
Obviously, when the full transcript of what Shirley's remarks were, were made known to
me, it was pretty obvious that this was a circumstance and situation where her comments were
taken totally and completely out of context, and that the main message, which is a message that
was very supportive of what we're trying to do at USDA was not inconsistent, as I had
originally thought, but very consistent with what we were trying to do. What Shirley was trying
to point out was that there is and has been for sometime issues of discrimination and bias and
prejudice in this country, that USDA because of the enormity of our Department has so many
opportunities to intersect with people, that there needed to be an effort to make sure that USDA
was an example, an exemplary administration, an exemplary Department when it comes to civil
rights. Obviously, with the claims that had been filed against us in the past, we have had work
to do.
So all of that transported in a couple-of-day period and led me to believe that I had made a
mistake, which I acknowledged and certainly contacted Shirley and told her I was sorry for
what we had done and asked for her forgiveness, and she was gracious enough to give it to me.
QUESTION (ABC News): Dean Norland from ABC News.
Ms. Sherrod, is this a satisfactory conclusion to what you have gone through the past five
or six weeks, and wouldn't it be more a sense of completion if you had stayed in this building
and worked on problems of discrimination rather than going off and taking a break and not
being directly involved in the process?
SECRETARY VILSACK: Sounds like the hard sell I gave you in the office.
MS. SHERROD: (Laughs.) Yes, it is.
The Secretary did push really, really hard for me to stay and work from the inside in the
position. It is a new position.
I, you know, look at what happened now, and I know he's apologized and I accept that. I
just -- and there are new processes in place, and I hope that it works. I don't want to be the one
to test it. (Laughs.)
So, you know, I think there is -- I think I can be helpful to him and the Department if I just
take a little break and look at how I can be more helpful in the future.
I guess that's enough to be said.
SECRETARY VILSACK: May I say this? And I think it's important to understand why
Shirley has unique opportunities here.
Page 4 of 6
In her work in Georgia, she was beginning a process of going into counties and areas of her
State where there was deep poverty, high unemployment, not much outreach from previous
efforts by USDA, and she was making strides to make sure that those counties that had been
ignored in the process were recognized, appreciated, and helped. That's the kind of work that I
suspect -- but I don't know, but I suspect will come forward with the recommendations from
the review of the two-year review that's taking place of our programs.
At that point, we can, I think, tailor an opportunity, if you will, to meet those unique
characteristics, and Shirley can help us implement those recommendations with a focus where
she's not worried about administrative issues having to deal with personnel or budgets or things
of that nature, the details, the day-to-day details of a senior position. She'll be able to focus on
what she was doing a good job of in Georgia, be able to spend the personal time and also to be
able to balance that time.
As she pointed out, she and her husband have been struggling with this for 40 -MS. SHERROD: Forty-five years.
SECRETARY VILSACK: -- 45 years, and she's got children and, more importantly, I
think now grandchildren she wants to spend time with, and so it's perfectly understandable, but
I don't want anybody to think that she cannot be of significant help here. I believe she can.
That's why I offered her the opportunities that I did, but I think this might be a better fit for her,
and I think she'll be able to devote the time and attention and passion that she wants.
QUESTION: Shirley, this question is for you. How much time are you looking to take off,
and any thought or vision of what you want your future collaboration to be?
MS. SHERROD: You know, as far as my role with the Department, that will be strictly up
to the Secretary, and I think he's looking at getting that report in before we can discuss it, so I
have no idea how long that will take. I don't know the time table for that, but it doesn't mean
that I won't be speaking out. I've had many, many requests from around the country for people
-- from people who want to hear from me. I'd like to hear from them because I'd like to know,
I'd like to hear about efforts that are being made in communities that are dealing with the issue
of racism and discrimination, and I really like to highlight them because I know there are
people out there who care, who want to work on the issues, who are working on the issues, and
I think we need more of that. I think we need to hear those stories as we move forward.
That's what this country needs. You know, we're a great country, and there are people who
care. We're hearing too much from those who would want to point out the negative right now,
and I really would like to concentrate on the positive.
QUESTION: What was the exact role, the exact position, and the duties there, and were
you tempted to take it?
MS. SHERROD: Yes, I was tempted to take it. I'm not sure of the total role, and the
Secretary can speak more to that than I can at this point. I was tempted. (Laughs.)
SECRETARY VILSACK: The Office of Outreach and Advocacy was created by the
Congress to do work that needs to be done in USDA to make sure that people understand and
appreciate what programs USDA offers and how to access them.
As I think Shirley's work in Georgia pointed out, there are an awful lot of people that have
no idea how broad the scope of this Department is and are often -- because of the poverty or the
difficulties of managing governments at the local level oftentimes are overwhelmed by the
application process by the complexity of the Federal bureaucracy that they have to work
through.
So the idea of this office, working with our Civil Rights Office, was to do a better job of
integrating into those communities and making sure that they understood what was available
Page 5 of 6
and making sure that they had access to the programs because there are probably counties that
have not accessed USDA programs that are precisely the reason why we created these
programs.
What Shirley would have done in that position is that she would have overseen, if you will,
that effort to make sure that we are penetrating. In the position that I'm thinking of in terms of
the study that's going to come forward, I think she'll be able to also do that but maybe be able
to focus more of her time and dig deeper than she would if she had administrative
responsibilities, which is what she would have had as a senior executive.
QUESTION: Just to the question earlier, are you saying that you never spoke to anyone at
the White House right before Ms. Sherrod stepped down? And if you did speak to someone at
the White House, can you tell us who it was?
SECRETARY VILSACK: I didn't speak to anyone at the White House.
As I said earlier, this was my responsibility, and I had to take full responsibility for it, and I
continue to take full responsibility for it. I will take it for as long as I live.
This was -- you know, I pride myself on the work that I do, and I know that I disappointed
the President, I disappointed this administration, I disappointed the country, I disappointed
Shirley. I have to live with that, and I accept that responsibility. That's what happens when you
have this kind of position.
My only hope is and my belief is that despite this difficulty, despite the challenges and the
problems that we've seen and that poor Shirley had to go through, maybe, just maybe this is an
opportunity for the country to have the kind of conversation that Shirley thinks we ought to
have, and maybe, just maybe this will put a spotlight not necessarily on this incident, but with
all of this media attention, maybe there will be a spotlight on the efforts that USDA is making
in the area of civil rights, it is trying to solve and settle cases that have been outstanding -- for
how many years, Shirley? Twenty?
MS. SHERROD: Mm-hmm.
SECRETARY VILSACK: Twenty, almost 30 years.
MS. SHERROD: Yes.
SECRETARY VILSACK: It is trying to reopen cases that were, Joe, denied access and
review in previous years, is trying to engage in a cultural transformation, so that our workforce
is modernized and as diverse as the country is and is engaged in an effort to try to get the
programs of USDA to the people who are most in need, not necessarily the best connected
people but the people who are most in need.
So, to me, if we're going to make anything out of this, apart from Shirley's circumstances,
that's what I have to do, and that's what I'm committed to doing. I am very serious about this. I
came into this office committed to trying to close the chapter of civil rights that has been a
difficult chapter for USDA and a very sorted chapter. We want to create a new chapter, and this
unfortunate circumstance has at least given us the opportunity to have that conversation with
the nation, which, you know, if it's personal pain I have to endure for that, I'm happy to take
that if we get that message out.
QUESTION: I have a question for Shirley. A few weeks ago, you said you were going to
sue Blogger Andrew Breitbart. What's the status of that lawsuit, and do you still think that
you're going to sue him?
MS. SHERROD: I really don't want to discuss that right now. I do think a suit will be
forthcoming, but I don't want to discuss it at this time.
MODERATOR: I think that wraps it up.
Page 6 of 6
#
USDA is an equal opportunity provider, employer and lender. To file a complaint of
discrimination, write: USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW,
Washington, DC 20250-9410 or call (800) 795-3272(voice), or (202) 720-6382 (TDD).
#
Transcription of Video
Sherrod v. Breitbart, et al.
FINAL - March 27, 2010

NAACP Sherrod Speech
Page 1
SHERROD v. BREITBART, ET AL.

--------------------------------FINAL COPY
TRANSCRIPTION OF VIDEO POSTED AT

http://www.naacp.org/news/entry/video_sherrod/
JANE ROSE REPORTING

Theresa Sullivan, Transcriptionist
JANE ROSE REPORTING 1-800-825-3341
TRANSCRIPTION BY
JANE ROSE REPORTING
1-800-825-3341
janerose@janerosereporting.com

Page 2
1
Good evening.
Olivia, I want to thank you for those kind
words.
her over the last ten years.
I had to move on to some other work and I'll talk
to you more about that.
You know, it's been a pleasure working with

I've missed the work.
To the President of the N.A.A.C.P., here and
the Board of Directors, and members and all others
here, it is indeed a pleasure for me to be with you
10
this evening.
11
very proud to be working with the Obama
12
Administration to help rural America grow again.
13
want to do all I can to help rural communities,
14
such as yours, to be a place where we can have a
15
quality life and a comfortable life for our
16
families and our friends.
17
And what I want to say to you, I am

I
But before I give you -- even before I -- I go
18
into what I have here, I want to -- I want to
19
second something that Olivia said.
20
grew up on a farm and I didn't want to have
21
anything to do with agriculture, but she was right.
22
There are jobs at USDA.
23
no people of color to fill those jobs because we
24
shy away from agriculture.
25
"agriculture" and think only of working in the
TRANSCRIPTION BY
JANE ROSE REPORTING
You know, I
And many times there are

We hear the word
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1
2
fields.
You've heard of a lot of layoffs.
Have you
heard of anybody in the Federal Government losing
their job?
-- I might say a little bit more to the young
people.
That's all I need to say.
Okay?
And I
It's good to have you-all here.
I want to share something with you this
evening, something that's always heavy on my heart
each day, but especially at this time of the year.
10
It was 45 years ago today that my father's funeral
11
was held.
12
I was a young girl at the age of 17 when my
13
father was murdered by a white man in Baker County.
14
In Baker County the murder of black people occurred
15
periodically and in every case the white men who
16
murdered them were never punished.
17
different in my father's case.
18
witnesses to his murder, but the grand jury refused
19
to indict the white man who murdered him.
20
It was no
There were three
I should tell you a little about Baker County.
21
In case you don't know where it is, it's located
22
less than 20 miles southwest of Albany.
23
were two sheriffs from Baker County that -- whose
24
names you probably never heard, but I know in the
25
case of one, the thing he did many, many years ago
TRANSCRIPTION BY
JANE ROSE REPORTING
Now, there
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still affect us today.
Screws.
was at the beginning of the 40s.
thing back then was an all white federal jury
convicted him not of murder, but of depriving Bobby
Hall, and I should say Bobby Hall was a relative,
depriving him of his civil rights.
And that Sheriff was Claude
Claude Screws lynched a black man and this

And the strange
Now, Bobby Hall -- I'm sorry, Claude Screws
appealed his conviction all the way to the U.S.
10
Supreme Court where the conviction was overturned
11
and the Justice who wrote the opinion said that the
12
appropriate charge was murder, but y'all know that
13
a white man wouldn't be convicted of murdering a
14
black man during those days.
15
with depriving Bobby Hall of his civil rights.
16
So, they charged him
So, with the opinion -- and when the Justice
17
wrote this opinion in -- in -- in -- in justifying
18
overturning the conviction, he said, you had to prove
19
that as the sheriff was murdering Bobby Hall, he was
20
thinking of the depriving him of his civil rights.
21
That's where the whole issue of proving intent came
22
from and you heard it a lot.
23
during the Civil Rights Movement, but you also
24
heard it a lot when Rodney King was beaten out in
25
California.
It was used a lot
Y'all might remember that.
TRANSCRIPTION BY
JANE ROSE REPORTING
They kept
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saying they had to prove intent.
from Screws versus the U.S. Government.
And that came
I'm told that that case is studied by every
law student.
coming into Southwest Georgia and wanting to take
some tours of -- of things where some events
happened during the Civil Rights Movement, I
usually take them to the Courthouse in Newton to
show where Bobby Hall's body was displayed.
10
And usually when we have people
During my years of growing up the sheriff was
11
L. Warren Johnson.
12
Gator," and that's how people referred to him,
13
because he had a holler that would make you want to
14
tremble.
15
Gator Johnson was "The Law" in Baker County.
16
when I say that, I mean that.
17
white, could ride through the County with an out-
18
of-county tag.
19
from anywhere else in Georgia, but you couldn't
20
ride through Baker County without being stopped.
21
And the Atlanta Constitution reported, at one
22
point, that his take on the road was at least
23
$150,000 a year and that was during the 60s.
24
25
He wanted to be called "The
He also killed a lot of black people and

And
No one, black or
That means you could have a tag
My father was a farmer.
And growing up on the
farm my dream was to get as far away from the farm
TRANSCRIPTION BY
JANE ROSE REPORTING
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and Baker County as I could get.
cotton, picking cucumbers, shaking peanuts for a
little while, before they, you know, end up doing
-- older folk know what I'm talking about, where
you had to shake them and take them over to the
pole and -- and -- and -- and put them around that,
you know, doing all that work on the farm it'll
make you get a -- an education more than anything else.
And picking
But I didn't want to just get an education.
10
wanted to leave the farm and Baker County.
11
-- life was -- the older folk know what I'm talking
12
about, the -- the -- the -- the -- the segregation and
13
the discrimination, and the -- and the racist acts that
14
we had to endure during those years made you just
15
want to leave, and you know, we use to have people
16
who leave and go north.
17
back talking and they come back looking.
18
later that some of those cars they drove home were
19
rented.
20
It was
Y'all know how they come

I learned
But, it made you just want to go north because
21
you thought they were free up there and you thought
22
everybody was free in the north.
23
not to even go to college in the south, because I
24
-- you know, I was always told you find your
25
husband at college.
TRANSCRIPTION BY
JANE ROSE REPORTING
So, my goal was
So, I didn't want to find one
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living in the south.
the North so I could get me a husband from the
north and never have to come back down here and
live again.
I wanted to go to college in
But, you know, you can never say what you'll
never do.
in high school.
everything to us.
oldest.
And it was during March, my senior year

I mean, my father was just
I have four sisters.
I'm the
My mother -- there are six of us, but my
10
father wanted a son so bad.
11
all had boys nickname.
12
loved his girls, but he wanted a son so bad that
13
when my sister was about -- my youngest sister was
14
eight, he convinced my mother to try one more time
15
for this boy.
16
We were all girls.
I was "Bill."
We
Now, he
So, to my surprise, during my senior year, I
17
thought my mother was just sick.
18
what was wrong with her.
19
worried.
20
um, -- she said, "How's your momma doing?"
21
"She just doesn't seem to be getting any better."
22
She said, "Girl, your daddy was up at the store
23
yesterday giving out cigars.
24
a baby."
25
I didn't know
You know, I was really
And one day at school my best friend said,

I said,
Your momma gonna have
He told everyone that that baby was the son.
TRANSCRIPTION BY
JANE ROSE REPORTING
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And he was, in fact, having a new home built.
was the first person to get a -- a loan from
Farmer's Home to build a house and he wanted a
brick house so bad, but they told him, black man
could not borrow the money to build a brick house.
They had to choose blocks, you know.
new house that was being built, you know, with five
daughters, there was this one room that was the
boy's room, his son's room.
He
So, in this
He told everybody it
10
was a boy.
11
he came -- he and my mother came and picked me up
12
from school one day early to go to Albany with them
13
to pick the furniture for this boy's room.
14
didn't live to see him.
15
months after he died, in June of '65.
16
And, in fact, it was painted blue.
And
He
My brother was born two
We started the Movement, but before I get
17
there I need to tell you something I have -- and I
18
want to say this to the young people.
19
told you how I -- I moved forward and I dreamt so
20
much about moving north and getting away from the
21
south -- the farm, especially, and the south.
22
um, I knew that after -- on the night of my father's
23
death I felt I had to do something.
24
something in answer to what had happened.
25
You know, I
And,
I had to do
My father wasn't the first black person to be
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JANE ROSE REPORTING
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killed.
wasn't the first one to be killed by -- by white
men in the County, but I couldn't just let his
death go without doing something in answer to what
happened.
father's death, at the age of 17 that I would not
leave the south; that I would stay in the South and
devote my life to working for change.
been true to that commitment all of these 45 years.
10
He was a leader in the community.
He
I made the commitment on the night of my
And I've
You know, when you look at some of the things
11
that I've done through the years, and when you look
12
at some of the things that happened to us -- I went
13
-- I went to school -- my first two years at Fort
14
Valley -- I know there's some Albany State
15
graduates in here too.
16
at Fort Valley, but so much was happening back at
17
home and then I met this man here, I'll tell you a
18
little bit about him, that I transferred back to
19
Albany State and did the last year.
20
I did my first two years
But two weeks after I went to school at Fort
21
Valley, they called and told me that a bunch of
22
white men had gathered outside of our home and
23
burned the cross one night.
24
my mother, my four sisters, and my brother, who was
25
born June 6 and this was September.
TRANSCRIPTION BY
JANE ROSE REPORTING
Now, in the house was

That was all
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1
in the house that night.
of my sisters went out on the porch.
a gun.
stuff, it's like movies, some of the stuff that
happened through the years.
everything.
my sisters got on the phone because we were having
-- we organized the Movement starting June of '65,
shortly -- not long after my father's death; that's
10
11
Well, my mother and one

My mother had
Another sister -- you know some of the
I won't go into
I'll just tell you about this.
Um, one of
how I met my husband.

He wasn't from the North.
See, I was gonna marry
12
someone from the north.
13
in Virginia.
14
sisters got on the phone and called other black men
15
in the County.
16
surrounded these white men.
17
one young man from actually using his gun on one of
18
them.
19
that happened that night.
20
those men to leave.
21
allowed them to get out of there.
22
He's from up south though
But anyway they -- they -- one of my
And it wasn't long before they had

And they had to keep
You probably would have read about it, um, had

But they actually allow
They -- they backed away and
But, um, I won't go into some of the other stuff
23
that happened that night, but do know that my
24
mother and my sister were out on the porch with a
25
gun, and my mother said, "I see you and I know who
TRANSCRIPTION BY
JANE ROSE REPORTING
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you are."
tell you that she became the first black elected
official in Baker County just 11 years later, and
she is still serving you-all.
Board of, uh, Education and she's been serving almost
34 years.
She recognized some of them.
Uh, she'll
She's chair of the
Um, I didn't know how I would go about carrying
out the commitment I made that night, but when the
Student Nonviolent Coordinating Committee, Charles
10
Sherrod, Leader, he was the one who came to Albany
11
and started the Movement there in 1961.
12
stayed, you know.
13
and they -- they -- they worked during the
14
early part of the Movement and they left.
15
continued to stay in Southwest Georgia, and we've
16
done a lot of stuff through the years if, um -- some of
17
the things that have happened to us, you'd probably
18
be on the edge of your seat if I were to tell you
19
about some of them.
20
dangerous situations through the years, but we
21
continue to work.
And he
A lot of them went into communities
But he
We've been in some very, very
22
And, you know God is so good because people
23
like me don't get appointed to positions like State
24
Director for Rural Development.
25
get these kinds of positions, because I've been out
TRANSCRIPTION BY
JANE ROSE REPORTING
They just don't
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2
there at the grassroots level and I've paid some dues.

Okay.
But when I -- when I -- when I made the
commitment years ago I didn't know how -- I didn't
-- I just -- I didn't -- I prayed about it that
night and as our house filled with people, I was
back in one of the bedrooms praying and asking God
to show me what I could do.
the -- the path wasn't laid out that night.
the decision that I would stay and work.
And --
10
and over the years things just happened.
And young
11
people, I just want you to know that when you're
12
true to what God wants you to do, the path just
13
opens up and things just come to you, you know.
14
God is good, I can tell you that.
15
I didn't have the -I just made
When I made that commitment, I was making that
16
commitment to black people and to black people
17
only.
18
things and he'll put things in your path so that --
19
that you realize that the struggle is really about
20
poor people, you know.
21
with having to help a white farmer save his farm,
22
he -- he took a long time talking, but he was
23
trying to show me he was superior to me.
24
what he was doing.
25
What he didn't know, while he was taking all that
But, you know, God will -- will -- will show you
TRANSCRIPTION BY
JANE ROSE REPORTING
The first time I was faced
I know
But he had come to me for help.
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1
time trying to show me he was superior to me, was I
was trying to decide just how much help I was going
to give him.
I was struggling with the fact that so many
black people have lost their farmland, and here I
was faced with having to help a white person save
their land.
of what I could do.
-- I -- I assumed the Department of Agriculture had
So, I didn't give him the full force

I did enough so that when he
10
sent him to me, either that or the -- or the
11
Georgia Department of Agriculture.
12
to go back and report that I did try to help him.
13
So I took him to a white lawyer that we had -- that
14
had -- that had attended some of the training that
15
we had provided, because Chapter 12 bankruptcy had
16
just been enacted for the family farmer.
17
figured if I take him to one of them that his own
18
kind would take care of him.
19
And, um, he needed
So, I
That's when it was revealed to me that, y'all,
20
it's about poor versus those who have, and not so
21
much about white -- it is about white and black,
22
but it's not -- you know, it opened my eyes,
23
because I took him to one of his own and, uh, I put him
24
in his hand, and felt okay, I've done my job.
25
during that time we would have these injunctions
TRANSCRIPTION BY
JANE ROSE REPORTING
But,
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1
against the Department of Agriculture and, um -- so,
they couldn't foreclose on him.
know that the County supervisor had done something
to him that I have not seen yet that they've done
to any other farmer, black or white.
did to him caused him to not be able to file
Chapter 12 bankruptcy.
8
9
And I want you to
And what they
So, everything was going along fine.
I'm
thinking he's being taken care of by the white
10
lawyer.
11
against USDA in May of '87 for two weeks and he was
12
one of 13 farmers in Georgia who received a
13
foreclosure notice.
14
go on and make an appointment at the lawyer.
15
me know when it is and I'll meet you there."
16
And then they lifted the injunction
He called me.
I said, "Well,
Let
So, we met at the lawyer's office on the -- on the
17
date they had given him.
18
-- he had been paying this lawyer, y'all, that's
19
what got me.
20
November, and this was May.
21
there and looked at him and said, "Well, y'all are
22
getting old. Why don't you just let the farm go?"
23
I could not believe he said that, so I said to the
24
lawyer, I told him, "I can't believe you said
25
that."
And this lawyer sat there
He had been paying the lawyer since

And the lawyer sat
I said, "It's obvious to me if he cannot
TRANSCRIPTION BY
JANE ROSE REPORTING
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1
file" -- "file a Chapter 12 bankruptcy to" -- "to
stop this foreclosure, you have to file an 11."
And the lawyer said to me, "I'll do whatever you
say" -- "whatever you think."
That's the way he
put it.
He wasn't paying me
any money, you know.
-- he would work on it.
But he's paying him.
So he said -- the lawyer said
And then, about seven days before that land
would have been sold at the courthouse steps, the
10
farmer called me and said the lawyer wasn't doing
11
anything.
12
office calling everybody I could think of to try to
13
see -- help me find a lawyer who would handle this.
14
And finally, I remembered that I had gone to see
15
one just 40 miles away in Americus with a black
16
farmer.
17
for unknown duration].
18
And that's when I spent time there in my
So I [Audio and visual interrupted
Well, working with him made me see that
19
it's really about those who have versus those who
20
don't, you know, and they could be black, they
21
could be white, they could be Hispanic.
22
made me realize then that I needed to work to help
23
poor people, those who don't have access the way
24
others have.
25
And it
I want to just share something with you and --
TRANSCRIPTION BY
JANE ROSE REPORTING
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and -- and, um -- I think it helps to and -- it --
you know, when I learned this, I'm like, "Oh, my
goodness."
18th Century, um, black -- there were black
indentured servants and white indentured servants,
and they all would work for the seven years and --
and get their freedom.
difference in each other.
about skin color.
You know, back in the late 17th and
And they didn't see any

No -- nobody worried
They married each other, you
10
know.
11
the same boat, they were slaves, but they were
12
both slaves and both had the opportunity to work
13
out on slavery.
14
These were poor whites and poor blacks in
But then they started looking at the
15
injustices that they faced and started then trying
16
-- you know -- the people with money, you know,
17
they started the -- the -- the -- the -- the poor
18
whites and poor blacks who were -- they -- you
19
know, they married each other.
20
together.
21
And they started looking at what was happening
22
to them and decided we need to do something about
23
it -- you know, about this.
24
with money, the elite, decided, "Hey, we need to
25
do something here to divide them."
They lived
They were just like we would be.
TRANSCRIPTION BY
JANE ROSE REPORTING
Well, the people
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So that's when they made black people servants
for life.
forbidding them to marry each other.
they created the racism that we know of today.
They did it to keep us divided.
started working so well, they said, "Gosh, looks
like we've come up on something here that can last
generations."
later, and it's still working.
That's when they put laws in place

That's when
And they -- it
And here we are over 400 years

What we have to do
10
is get that out of our heads.
11
difference between us.
12
the folks with money want to stay in power and,
13
whether it's health care or whatever it is, they'll
14
do what they need to do to keep that power, you
15
know.
16
There is no
The only difference is that
It's always about money, y'all.
You know, I haven't seen such mean-spirited
17
people as I've seen lately over this issue of
18
health care.
19
buried, didn't it surface?
20
years of the Bushes and we didn't do the stuff
21
these Republicans are doing because you have a
22
black President.
23
history, especially the young people.
24
to know they created it, you know, not just for us.
25
But we got the brunt of it because they needed to
Some of the racism we thought was
TRANSCRIPTION BY
JANE ROSE REPORTING
Now, we endured eight
I wanted to give you that little

I want you
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1
elevate whites just a little higher than us to
make them think they were so much better, and then
we -- they would never work with us, you know, to
try to change the situation that they were all in.
But where am I going with this?
You know, I
couldn't say -- 45 years ago, I couldn't stand here
and say what I'm saying.
tonight, um, like I told you, God helped me to see that
it's not just about black people.
What I will say to you
It's about poor
10
people.
11
couldn't live with hate.
12
has said to so many "If we had tried to live with
13
hate in our hearts, we'd probably be dead now."
14
And I've come a long way.
I knew that I
You know, as my mother
But I've come to realize that we have to work
15
together and, you know, it's sad that we don't have
16
a room full of white and blacks here tonight,
17
because we have to overcome the divisions that we
18
have.
19
Morrison said, "Race exists but it doesn't matter."
20
We have to work just as hard.
21
know, that division is still here, but our
22
communities are not going to thrive.
23
children won't have the -- the communities that
24
they need to be able to stay in and live in and --
25
and have a good life, if we can't figure this out,
We have to get to the point where, as Toni
TRANSCRIPTION BY
JANE ROSE REPORTING
I know it's -- you
You know, our
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1
you-all.
people, we all have to do our part to make our
communities a safe place, a healthy place, a good
environment.
White people, black people, Hispanic
You know, so that companies -- why would a
company want to locate in some of these places?
You know, I -- I -- it's so sad that, as I go
around the State, people ask me, "Where are you
from?"
"Yeah, I'm living in Albany."
"Oh, a lot
10
of crime there."
11
say too much about Albany anymore.
12
lot of it is brought on by folks who live there,
13
you know?
14
paper.
15
station there in Albany, you wouldn't want to go
16
there and live.
17
fighting each other worse, I believe, now.
18
least it was open during the Civil Rights Movement,
19
it was a lick here and there and my husband got the
20
brunt of a lot of them.
21
really in such a way that it hurts because it's
22
going to keep the jobs away.
23
You know, nothing good you could
People who live there.
And -- and a
You read the
If you read the paper and listen to the TV

You know, people are still
That at
But, um, now it's -- it's
You know, you can go to a community and you
24
can just about tell -- and I'm travelling all
25
around where people work together, you know.
TRANSCRIPTION BY
JANE ROSE REPORTING
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You're not losing this many jobs.
few, you know.
have a beautiful part of this State; the southern
part of the State, but it's not thriving and we
need to figure out why.
we need to work on why.
You're getting a
We have a beautiful country.
We
Well, we kind of know, but
And -- and young folks, you know, when I was
growing up, you had to get home from school and go
to the fields.
10
11
more.
But y'all don't have to do that no
You should be excelling, you know.
Parents, you've got to set some goals for your
12
children, you know.
13
try to become the best they could be, and not
14
study, "Studying won't get you there."
15
Y'all must love working in the chicken house.
16
know they closed for one year.
17
You cannot allow them not to
You know.
I
But change has to start with us and -- and -- and
18
-- and-- and somehow we've got to make the other
19
side of town work with us.
20
communities what they need to be and our young people,
21
I'm not picking on you, but y'all got to -- y'all got to
22
step up to the plate.
23
plate.
24
people.
25
lawyers.
We've got to make our
You've got to step up to the
You are capable of being very, very smart

You are capable of being those doctors and
You're capable of running your own
TRANSCRIPTION BY
JANE ROSE REPORTING
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2
business.
That's what -- one of things in the position
I'm in really -- one of the things that really hurt
-- one of the programs we had with some of the most
money in it, you know, it's with business and
industry.
on six million, three million, two million -- but
who is it going to?
got a report on where we are with it, we're --
And I sit up there and I'm signing off

Not one so far.
And when I
10
we're approaching 80 million dollars since October
11
1st.
12
one.
13
But not one dime to a black business, not
You know, and I know as a young person you're
14
thinking good time.
15
you by having a good time.
16
serious, you know.
17
agriculture.
18
the 1890 Scholars Program and they are -- they're
19
connected with every 1890 land-grant institution,
20
and -- and let me tell you what that is.
21
the black land-grant institutions, and there are
22
about, uh, 17 and Tuskegee.
But, hey, don't let life pass

You can enjoy it, but be
And there are jobs in
There -- there -- there's a program,
That's
23
Um, they -- You can actually get a scholarship,
24
and Fort Valley State is the main grant in Georgia,
25
the 1890; the 1862 is the white land-grant, that's
TRANSCRIPTION BY
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1
the University of Georgia.
scholarship and every summer you work at one of
those agencies while you are in school.
you get out, it's a automatic job.
Natural Resource and Conservation Service, that's
NRCS; Farm Service Agency, that's the old Farmers
Home Administration; Rural Development, those are
the major three.
other jobs, so many -- just in Rural Development
You can get a

And when
Agencies like
But there are others, so many
10
nationwide, there are over 6,000 employees, but you
11
go up there to Washington, to the Department of
12
Agriculture, it's on both sides of the street.
13
In Rural Development, there are 129 employees
14
and guess how many of them are people of color?
15
Anybody want to take a guess, that's in Georgia? I
16
got -- there are 129 in my agency.
17
more than two, little more than 12.
18
than 20 of us.
19
State and sub-area offices.
20
who's coming up the line in the agencies -- in the
21
agency, there are not many of us, because we think
22
"agriculture" is a bad word.
23
in the fields.
24
ever want to have, okay?
25
How many?
It's
There are less
We have six area offices in the

And when I look at
We think it's working
Some of the best paying jobs you
I won't keep at you with that kind of stuff.
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But let -- just know that, um, you can -- there's
another point I want to make, though.
coming out of slavery black folks used to help each
other.
have.
that we have, that we have about lost all of it.
You know that our people had over 15 million acres,
and, as black people, we have less than 2 million
acres of farm land left.
10
11
You know,
That's how they built the schools that we

You know, that's how they bought the land
nothing.
And we will sell it for
For nothing.
You know, I was helping a family here
12
recently.
13
never had a drop of debt on it since the
14
grandfather bought it years ago and he -- he died
15
in 1974.
16
what they decided?
They tried to force a sale of
17
every acre of it.
And they wanted that to -- one
18
of their aunts had spent all of her life on the land.
19
She was 93 years old when she died.
20
after those "For Sale" signs went up out there on
21
that farm -- auction sign went up on the farm.
22
was in the hospital.
23
That was January, she was dead by October.
24
25
Five hundred and fifteen acres of land;
And two cousins up in the North; guess
And she died

She
The next month she was dead.
But we kept working at it.
And we found some
honest lawyers, they were white. I wish I could say
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that about all lawyers, especially black lawyers,
but they will nickel and dime you to death.
don't have -- I'm sorry.
I know I have too little
opinion to most lawyers.
But anyway that land has
been saved, you know.
a sale of all of it.
acres of the 515, and guess what; they have a white
man already lined up to buy it.
on the creek, which is what he wanted.
10
But they were trying to force

They'll eventually get, uh, 62
And it's the land
Um, but you can -- what I want to say to you.
You
11
can do good, and y'all going to be smart.
You're
12
going to go on and -- and get good jobs.
But reach
13
back and help somebody.
14
taught.
15
looks like the more -- the better we do, the -- the
16
more free we are, the more divided we become, you
17
know.
18
anymore.
19
know, y'all know what happened in the day.
20
something wrong, everybody in the community got
21
you, you know.
22
And we have to get back to that.
That's what we were
That's what our folk did, you know.
It
It looks like we don't care about each other

You know, that's why kids can just -- you
You did
Well, that doesn't happen anymore.
23
If we going to rebuild our communities, if we
24
going to deal with some or all of the problems we
25
have in our communities, it will take all of us
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1
working together to solve them, we can't turn our
backs.
could be helping the second black President of the
United States, you know.
And you never know who you're helping. You
Now, I -- I need to tell you a little bit
about Rural Development.
least 40 programs at Rural Development, but I'll
just talk to you briefly about a couple of them.
The main one is the Housing Program.
Um, there -- there are at
We have more
10
money for single-family housing, direct loans, and
11
that's loans from the agency, than we've ever had
12
in the history of the program.
13
But we're having trouble getting that money
14
out the door and guess why?
15
had to send me extra help from Washington to try to
16
help because of the stimulus money.
17
more money for direct loans for the low -- very low
18
-- income and moderate income individuals.
19
guess what?
20
can buy the land and build a house; 100% loans.
21
private mortgage insurance, those loans are
22
directly from USDA.
23
cell phone and other stuff you don't even need
24
keeping you from being able to -- to acquire an
25
asset that you really need -- which is a home.
Credit issues.
They
See, we have
And
Those loans -- it's a 100% loan.
TRANSCRIPTION BY
JANE ROSE REPORTING
You
No
And folks will let a little
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We've got to be more careful about our credit.
I was talking with a young lady, who's
actually a relative in a major position, and -- and
she -- um -- she was letting the hospital -- the
hospital was getting ready to, um, garnish -- garnish
one of her -- I mean, her check and she works for the
city.
credit?"
counted on, you know, she -- it was after she had had
And I said, "Do you understand that goes on your

See, what the people from the hospital
10
her child.
11
-- "I can pay $25 a month" and they would have
12
accepted that."
13
now here they were getting ready to start taking it
14
from her pay.
15
said, "You want a house one day.
16
able to get a house."
Now, she does some foolish
17
stuff with her money.
I won't go into some of the
18
foolish stuff.
19
to us.
20
I said, "You could have told them "I"
But she didn't make that step.
And that goes on her credit.
So,
And I
You'll never be
But I -- I want to say that to --
And young people, you know, that's one of the
21
things I remember from my father.
He used to talk
22
to us about business and credit.
And what he said
23
to us, "You need to always keep a good credit
24
rating.
25
always get some."
You may not have any money, but you can
TRANSCRIPTION BY
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And we need to keep that in
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mind.
don't need.
money -- you know, to save the money for what you
want, and you can do that.
can do that.
right now, okay?
We need to stop trying to get things we

You know, take the time to get the
You can do that.
You
You don't have to have everything
We also have, in addition to the, uh, direct loans
from the agency, we are -- the -- the guaranteed
loan program for housing and, uh, these -- those loans
10
are for people with a slightly higher income.
11
-- that program has been so successful that we are
12
about to run out of money.
13
all over the country.
14
And in Georgia, you know in 2008, they made like
15
1,265 guaranteed loans.
16
4,500.
17
out, if it doesn't run out -- I'm hoping they going
18
to get some more, uh, we might do as many as 12,000,
19
you know.
20
become home owners, now is the time.
21
thank President Obama for that.
22
That
And I'm talking about
I'm talking about billions.
Last year, we did almost
And this year, if the money had not run
If there was ever a time for people to

And you can
And I said something briefly to you about the
23
-- the business, uh, and industry money.
24
get our act together.
25
about becoming entrepreneurs, you know.
TRANSCRIPTION BY
JANE ROSE REPORTING
We've got to
We've got to start thinking

And young
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1
people, you need to think of that as you -- as you, uh,
mature.
do it right, and then think of going in the
business.
grow our own businesses, we'll be -- we'll forever
be at the mercy of these companies that will come
in, use up the tax credits, and leave.
8
9
You know, get some education, learn how to
Until our communities look at how we can
Hey, didn't y'all lose the chicken industry

here?
They will use up your tax credit and move on
10
to another community and use theirs too, and leave
11
you high and dry.
12
can think of creating your businesses and making
13
those dollars flow over and over in your own
14
community.
15
We can do some -- you know, you
There's also the Repair Loan, uh, Program for --
16
for senior citizens 62 and over who are lower
17
income.
18
dollars.
19
those payments can -- some of them are very low,
20
$25 a month.
21
-- $20,000 dollars.
22
for health and safety issues, you know, like
23
something with your bathroom or something else in
24
the house.
25
renovations up to $20,000, you can get a one
You can qualify for a grant of 7,500

Or, if you have repayment ability and
You get a one -- one percent loan up to 25

And the -- the $7,500 is only
But if you wanted to do some
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1
2
percent loan to be able to do that.

Um, I won't go into the other programs because a
lot of them are different types programs, uh, for
cities.
Mayor and your City Manager and, um -- and I've thought
about y'all a lot and I'm my -- my commitment is to
the rural area.
South Georgia, um, that's where I'm from.
say that up in North Georgia, but they don't seem to
10
11
And, you know, I had a visit from the
Um, my commitment, even more so, is to

I can't
have a problem getting the money.

Okay.
I won't keep going on tonight, but just
12
let me say, there is a saying, "Life is a
13
grindstone; but it" -- "but whether it grinds us
14
down or polishes us up depends on us," you know.
15
Thank you.
16
17
18
19
20
21
22
23
24
25
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A
ability 28:18
able 14:6 18:24 25:24
26:16 29:1
accepted 26:12
access 15:23
acquire 25:24
acre 23:17
acres 23:7,9,12 24:7
act 27:24
acts 6:13
addition 27:7
Administration 2:12
22:7
affect 4:1
age 3:12 9:6
agencies 22:3,4,20
agency 22:6,16,21
25:11 27:8
ago 3:10,25 12:3 18:6
23:14
agriculture 2:21,24,25
13:9,11 14:1 21:17
22:12,22
AL 1:1
Albany 3:22 8:12 9:14
9:19 11:10 19:9,11
19:15
allow 10:19 20:12
allowed 10:21
America 2:12
Americus 15:15
answer 8:24 9:4
anybody 3:3 22:15
anymore 19:11 24:18
24:21
anyway 10:13 24:4
appealed 4:9
appointed 11:23
appointment 14:14
approaching 21:10
appropriate 4:12
area 22:18 29:7
asking 12:6
asset 25:25
assumed 13:9
Atlanta 5:21
attended 13:14
auction 23:21
Audio 15:16
aunts 23:18
automatic 22:4
B
baby 7:24,25
back 4:4 6:17,17 7:3
9:16,18 12:6 13:12

16:3 24:13,22
backed 10:20
backs 25:2
bad 7:10,12 8:4 22:22
Baker 3:13,14,20,23
5:15,20 6:1,10 11:3
bankruptcy 13:15 14:7
15:1
bathroom 28:23
beaten 4:24
beautiful 20:2,3
becoming 27:25
bedrooms 12:6
beginning 4:3
believe 14:23,24 19:17
best 7:19 20:13 22:23
better 7:21 18:2 24:15
Bill 7:11
billions 27:13
bit 3:5 9:18 25:5
black 3:14 4:2,14 5:14
5:16 8:4,25 10:14
11:2 12:16,16 13:5
13:21 14:5 15:15,20
16:4,4 17:1,22 18:9
19:1 21:11,21 23:3,8
24:1 25:3
blacks 16:10,18 18:16
blocks 8:6
blue 8:10
Board 2:8 11:5
boat 16:11
Bobby 4:5,6,8,15,19
5:9
body 5:9
born 8:14 9:25
borrow 8:5
bought 23:5,14
boy 7:15 8:10
boys 7:11
boy's 8:9,13
BREITBART 1:1
brick 8:4,5
briefly 25:8 27:22
brother 8:14 9:24
brought 19:12
brunt 17:25 19:20
build 8:3,5 25:20
built 8:1,7 23:4
bunch 9:21
buried 17:19
burned 9:23
Bushes 17:20
business 21:1,5,11
26:22 27:23 28:4
businesses 28:5,12
TRANSCRIPTION BY
JANE ROSE REPORTING
buy 24:8 25:20

C
California 4:25
called 5:11 9:21 10:14
14:13 15:10
calling 15:12
capable 20:23,24,25
care 13:18 14:9 17:13
17:18 24:17
careful 26:1
carrying 11:7
cars 6:18
case 3:15,17,21,25 5:3
caused 14:6
cell 25:23
Century 16:4
chair 11:4
change 9:8 18:4 20:17
Chapter 13:15 14:7
15:1
charge 4:12
charged 4:14
Charles 11:9
check 26:6
chicken 20:15 28:8
child 26:10
children 18:23 20:12
choose 8:6
cigars 7:23
cities 29:4
citizens 28:16
city 26:7 29:5
civil 4:7,15,20,23 5:7
19:18
Claude 4:1,2,8
closed 20:16
college 6:23,25 7:1
color 2:23 16:9 22:14
come 6:16,17 7:3
12:13,24 17:7 18:10
18:14 28:6
comfortable 2:15
coming 5:5 22:20 23:3
commitment 9:5,9
11:8 12:3,15,16 29:6
29:7
Committee 11:9
communities 2:13
11:12 18:22,23 19:3
20:20 24:23,25 28:4
community 9:1 19:23
24:20 28:10,14
companies 19:5 28:6
company 19:6
connected 21:19
Conservation 22:5
Constitution 5:21
continue 11:21
continued 11:15
convicted 4:5,13
conviction 4:9,10,18
convinced 7:14
Coordinating 11:9
COPY 1:3
cotton 6:2
counted 26:9
country 20:2 27:13
County 3:13,14,20,23
5:15,17,20 6:1,10
9:3 10:15 11:3 14:3
couple 25:8
Court 4:10
courthouse 5:8 15:9
cousins 23:15
created 17:4,24
creating 28:12
credit 25:14 26:1,8,14
26:22,23 28:9
credits 28:7
creek 24:9
crime 19:10
cross 9:23
cucumbers 6:2
D
daddy 7:22
dangerous 11:20
date 14:17
daughters 8:8
day 3:9 7:19 8:12
24:19 26:15
days 4:14 15:8
dead 18:13 23:22,23
deal 24:24
death 8:23 9:4,6 10:9
24:2
debt 23:13
decide 13:2
decided 16:22,24
23:16
decision 12:9
Department 13:9,11
14:1 22:11
depends 29:14
depriving 4:5,7,15,20
Development 11:24
22:7,9,13 25:6,7
devote 9:8
died 8:15 23:14,19,19
difference 16:8 17:11
17:11
different 3:17 29:3
dime 21:11 24:2
direct 25:10,17 27:7

directly 25:22
Director 11:24
Directors 2:8
discrimination 6:13
displayed 5:9
divide 16:25
divided 17:5 24:16
division 18:21
divisions 18:17
doctors 20:24
doing 6:3,7 7:20 9:4
12:24 15:10 17:21
dollars 21:10 28:13,18
28:21
door 25:14
dream 5:25
dreamt 8:19
drop 23:13
drove 6:18
dry 28:11
dues 12:1
duration 15:17
E
early 8:12 11:14
edge 11:18
education 6:8,9 11:5
28:2
eight 7:14 17:19
either 13:10
elected 11:2
elevate 18:1
elite 16:24
employees 22:10,13
enacted 13:16
endure 6:14
endured 17:19
enjoy 21:15
entrepreneurs 27:25
environment 19:4
especially 3:9 8:21
17:23 24:1
ET 1:1
evening 2:1,10 3:8
events 5:6
eventually 24:6
everybody 6:22 8:9
15:12 24:20
excelling 20:10
exists 18:19
extra 25:15
eyes 13:22
F
faced 12:20 13:6 16:15
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fact 8:1,10 13:4

families 2:16
family 13:16 23:11
far 5:25 21:8
farm 2:20 5:25,25 6:7
6:10 8:21 12:21
14:22 22:6 23:9,21
23:21
farmer 5:24 12:21
13:16 14:5 15:10,16
farmers 14:12 22:6
Farmer's 8:3
farmland 13:5
father 3:13 5:24 7:7,10
8:25 26:21
father's 3:10,17 8:22
9:6 10:9
federal 3:3 4:4
felt 8:23 13:24
fields 3:1 20:9 22:23
fifteen 23:12
fighting 19:17
figure 18:25 20:5
figured 13:17
file 14:6 15:1,1,2
fill 2:23
filled 12:5
FINAL 1:3
finally 15:14
find 6:24,25 15:13
fine 14:8
first 8:2,25 9:2,13,15
11:2 12:20
five 8:7 23:12
flow 28:13
folk 6:4,11 24:14
folks 17:12 19:12 20:7
23:3 25:22
foolish 26:16,18
forbidding 17:3
force 13:7 23:16 24:5
foreclose 14:2
foreclosure 14:13
15:2
forever 28:5
Fort 9:13,16,20 21:24
forward 8:19
found 23:24
four 7:8 9:24
free 6:21,22 24:16
freedom 16:7
friend 7:19
friends 2:16
full 13:7 18:16
funeral 3:10
furniture 8:13
G
garnish 26:5,5
gathered 9:22
Gator 5:12,15
generations 17:8
Georgia 5:5,19 11:15
13:11 14:12 21:24
22:1,15 27:14 29:8,9
getting 7:21 8:20
14:22 20:1 25:13
26:5,13 29:10
girl 3:12 7:22
girls 7:10,12
give 2:17 13:3,7 17:22
given 14:17
giving 7:23
go 2:17 6:16,20,23 7:1
8:12 9:4 10:5,22
11:7 13:12 14:14,22
19:7,15,23 20:8
22:11 24:12 26:17
29:2
goal 6:22
goals 20:11
God 11:22 12:6,12,14
12:17 18:8
goes 26:7,14
going 13:2 14:8 18:5
18:22 19:22 21:8
24:11,12,23,24
27:17 28:3 29:11
gonna 7:23 10:11
good 2:1 3:6 11:22
12:14 18:25 19:3,10
21:14,15 24:11,12
26:23
goodness 16:3
Gosh 17:6
Government 3:3 5:2
graduates 9:15
grand 3:18
grandfather 23:14
grant 21:24 28:17
grassroots 12:1
grew 2:20
grinds 29:13
grindstone 29:13
grow 2:12 28:5
growing 5:10,24 20:8
guaranteed 27:8,15
guess 22:14,15 23:15
24:7 25:14,19
gun 10:3,17,25
H
Hall 4:6,6,8,15,19
TRANSCRIPTION BY
JANE ROSE REPORTING
Hall's 5:9
hand 13:24
handle 15:13
happen 24:21
happened 5:7 8:24 9:5
9:12 10:5,19,23
11:17 12:10 24:19
happening 9:16 16:21
hard 18:20
hate 18:11,13
heads 17:10
health 17:13,18 28:22
healthy 19:3
hear 2:24
heard 3:2,3,24 4:22,24
heart 3:8
hearts 18:13
heavy 3:8
held 3:11
help 2:12,13 12:21,24
13:2,6,12 15:13,22
23:3 24:13 25:15,16
helped 18:8
helping 23:11 25:2,3
helps 16:1
hey 16:24 21:14 28:8
he'll 12:18
high 7:7 28:11
higher 18:1 27:10
Hispanic 15:21 19:1
history 17:23 25:12
holler 5:13
home 6:18 8:1,3 9:17
9:22 20:8 22:7 25:25
27:20
honest 23:25
hoping 27:17
hospital 23:22 26:4,5
26:8
house 8:3,4,5,7 9:23
10:1 12:5 20:15
25:20 26:15,16
28:24
housing 25:9,10 27:9
How's 7:20
http 1:8
hundred 23:12
hurt 21:3
hurts 19:21
husband 6:25 7:2
10:10 19:19
I
income 25:18,18
27:10 28:17
indentured 16:5,5
indict 3:19
individuals 25:18
industry 21:6 27:23
28:8
injunction 14:10
injunctions 13:25
injustices 16:15
institution 21:19
institutions 21:21
insurance 25:21
intent 4:21 5:1
interrupted 15:16
issue 4:21 17:17
issues 25:14 28:22
it'll 6:7
J
JANE 1:18,25
January 23:23
job 3:4 13:24 22:4
jobs 2:22,23 19:22
20:1 21:16 22:9,23
24:12
Johnson 5:11,15
June 8:15 9:25 10:8
jury 3:18 4:4
Justice 4:11,16
justifying 4:17
K
keep 10:16 17:5,14
19:22 22:25 26:23
26:25 29:11
keeping 25:24
kept 4:25 23:24
kids 24:18
killed 5:14 9:1,2
kind 2:2 13:18 20:5
22:25
kinds 11:25
King 4:24
knew 8:22 18:10
know 2:3,19 3:21,24
4:12 6:3,4,7,11,15
6:16,24 7:5,17,18
8:6,7,18 9:10,14
10:3,23,25 11:7,12
11:22 12:3,11,13,17
12:20,23,25 13:22
14:3,15 15:6,20 16:2
16:3,10,16,16,19,23
17:4,15,16,24,24
18:3,5,11,15,20,21
18:22 19:5,7,10,13
19:16,23,25 20:2,5,7
20:10,12,14,16 21:5
21:13,13,16 23:1,2,5
23:7,11 24:3,5,14,17
24:18,19,19,21 25:2
25:4 26:9,20 27:2,3
27:14,19,25 28:2,11
28:22 29:4,14
L
L 5:11
lady 26:2
laid 12:8
land 13:7 15:8 23:5,9
23:12,18 24:4,8
25:20
land-grant 21:19,21
21:25
late 16:3
lately 17:17
law 5:4,15
laws 17:2
lawyer 13:13 14:10,14
14:17,18,19,20,24
15:3,6,10,13
lawyers 20:25 23:25
24:1,1,4
lawyer's 14:16
layoffs 3:2
leader 9:1 11:10
learn 28:2
learned 6:17 16:2
leave 6:10,15,16 9:7
10:20 28:7,10
left 11:14 23:9
letting 26:4
level 12:1
lick 19:19
life 2:15,15 6:11 9:8
17:2 18:25 21:14
23:18 29:12
lifted 14:10
line 22:20
lined 24:8
listen 19:14
little 3:5,20 6:3 9:18
17:22 18:1 22:17
24:3 25:5,22
live 7:4 8:14 18:11,12
18:24 19:12,13,16
lived 16:19
living 7:1 19:9
loan 8:2 25:19 27:9
28:15,20 29:1
loans 25:10,11,17,19
25:20,21 27:7,9,15
locate 19:6
located 3:21
long 10:9,15 12:22
18:10
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Page 32
look 9:10,11 22:19

28:4
looked 14:21
looking 6:17 16:14,21
looks 17:6 24:15,17
lose 28:8
losing 3:3 20:1
lost 13:5 23:6
lot 3:2 4:22,22,24 5:14
11:12,16 19:9,12,20
29:3,6
love 20:15
loved 7:12
low 25:17,17 28:19
lower 28:16
lynched 4:2
M
main 21:24 25:9
major 22:8 26:3
making 12:15 28:12
man 3:13,19 4:2,13,14
8:4 9:17 10:17 24:8
Manager 29:5
March 7:6
married 16:9,19
marry 10:11 17:3
matter 18:19
mature 28:2
Mayor 29:5
mean 5:16 7:7 26:6
means 5:18
mean-spirited 17:16
meet 14:15
members 2:8
men 3:15 9:3,22 10:14
10:16,20
mercy 28:6
met 9:17 10:10 14:16
miles 3:22 15:15
million 21:7,7,7,10
23:7,8
mind 27:1
missed 2:4
moderate 25:18
momma 7:20,23
money 8:5 15:6 16:16
16:24 17:12,15 21:5
25:10,13,16,17
26:17,24 27:3,3,12
27:16,23 29:10
month 23:22 26:11
28:20
months 8:15
Morrison 18:19
mortgage 25:21
mother 7:9,14,17 8:11
9:24 10:1,2,24,25
18:11
move 2:5 28:9
moved 8:19
Movement 4:23 5:7
8:16 10:8 11:11,14
19:18
movies 10:4
moving 8:20
murder 3:14,18 4:5,12
murdered 3:13,16,19
murdering 4:13,19
N
names 3:24
nationwide 22:10
Natural 22:5
need 3:4 8:17 16:22,24
17:14 18:24 20:5,6
20:20 25:5,23,25
26:23,25 27:1,2 28:1
needed 13:11 15:22
17:25
never 3:16,24 7:3,5,6
18:3 23:13 25:2
26:15
new 8:1,7
Newton 5:8
nickel 24:2
nickname 7:11
night 8:22 9:5,23 10:1
10:19,23 11:8 12:5,8
Nonviolent 11:9
north 6:16,20,22 7:2,3
8:20 10:11,12 23:15
29:9
notice 14:13
November 14:20
NRCS 22:6
N.A.A.C.P 2:7
O
Obama 2:11 27:21
obvious 14:25
occurred 3:14
October 21:10 23:23
office 14:16 15:12
offices 22:18,19
official 11:3
of-county 5:18
Oh 16:2 19:9
okay 3:4 12:2 13:24
22:24 27:6 29:11
old 14:22 22:6 23:19
older 6:4,11
oldest 7:9
TRANSCRIPTION BY
JANE ROSE REPORTING
Olivia 2:2,19
open 19:18
opened 13:22
opens 12:13
opinion 4:11,16,17
24:4
opportunity 16:12
organized 10:8
outside 9:22
overcome 18:17
overturned 4:10
overturning 4:18
owners 27:20
P
paid 12:1
painted 8:10
paper 19:14,14
Parents 20:11
part 11:14 19:2 20:3,4
pass 21:14
path 12:8,12,18
pay 26:11,14
paying 14:18,19 15:5
15:5 22:23
payments 28:19
peanuts 6:2
people 2:23 3:6,14 5:4
5:12,14 6:15 8:18
11:22 12:5,11,16,16
12:20 13:5 15:23
16:16,23 17:1,17,23
18:9,10 19:1,1,2,8
19:13,16,25 20:20
20:24 22:14 23:7,8
26:8,20 27:10,19
28:1
percent 28:20 29:1
periodically 3:15
person 8:2,25 13:6
21:13
phone 10:7,14 25:23
pick 8:13
picked 8:11
picking 6:1,2 20:21
place 2:14 17:2 19:3,3
places 19:6
plate 20:22,23
pleasure 2:3,9
point 5:22 18:18 23:2
pole 6:6
polishes 29:14
poor 12:20 13:20
15:23 16:10,10,17
16:18 18:9
porch 10:2,24
position 21:2 26:3
positions 11:23,25
POSTED 1:7
power 17:12,14
prayed 12:4
praying 12:6
President 2:7 17:22
25:3 27:21
private 25:21
probably 3:24 10:18
11:17 18:13
problem 29:10
problems 24:24
program 21:17,18
25:9,12 27:9,11
28:15
programs 21:4 25:7
29:2,3
proud 2:11
prove 4:18 5:1
provided 13:15
proving 4:21
punished 3:16
put 6:6 12:18 13:23
15:5 17:2
Q
qualify 28:17
quality 2:15
R
Race 18:19
racism 17:4,18
racist 6:13
rating 26:24
reach 24:12
read 10:18 19:13,14
ready 26:5,13
realize 12:19 15:22
18:14
really 7:18 12:19 15:19
19:21 21:3,3 25:25
rebuild 24:23
received 14:12
recognized 11:1
referred 5:12
refused 3:18
relative 4:6 26:3
remember 4:25 26:21
remembered 15:14
renovations 28:25
rented 6:19
Repair 28:15
repayment 28:18
report 13:12 21:9
reported 5:21
REPORTING 1:18,25
Republicans 17:21
Resource 22:5
revealed 13:19
ride 5:17,20
right 2:21 27:6 28:3
rights 4:7,15,20,23 5:7
19:18
road 5:22
Rodney 4:24
room 8:8,9,9,13 18:16
ROSE 1:18,25
run 27:12,16,17
running 20:25
rural 2:12,13 11:24
22:7,9,13 25:6,7
29:7
S
sad 18:15 19:7
safe 19:3
safety 28:22
sale 23:16,20 24:6
sat 14:17,20
save 12:21 13:6 27:3
saved 24:5
saying 5:1 18:7 29:12
Scholars 21:18
scholarship 21:23
22:2
school 7:7,19 8:12
9:13,20 20:8 22:3
schools 23:4
Screws 4:2,2,8 5:2
seat 11:18
second 2:19 25:3
see 8:14 10:11,25
15:13,14,18 16:7
18:8 25:16 26:8
seen 14:4 17:16,17
segregation 6:12
sell 23:9
send 25:15
senior 7:6,16 28:16
sent 13:10
September 9:25
serious 21:16
servants 16:5,5 17:1
Service 22:5,6
serving 11:4,5
set 20:11
seven 15:8 16:6
shake 6:5
shaking 6:2
share 3:7 15:25
sheriff 4:1,19 5:10
sheriffs 3:23
Sherrod 1:1 11:10
1-800-825-3341

Page 33
she'll 11:1
shortly 10:9
show 5:9 12:7,17,23
13:1
shy 2:24
sick 7:17
side 20:19
sides 22:12
sign 23:21
signing 21:6
signs 23:20
single-family 25:10
sister 7:13,13 10:3,24
sisters 7:8 9:24 10:2,7
10:14
sit 21:6
situation 18:4
situations 11:20
six 7:9 21:7 22:18
skin 16:9
slavery 16:13 23:3
slaves 16:11,12
slightly 27:10
smart 20:23 24:11
sold 15:9
solve 25:1
somebody 24:13
son 7:10,12,25
son's 8:9
sorry 4:8 24:3
south 6:23 7:1 8:21,21
9:7,7 10:12 29:8
southern 20:3
southwest 3:22 5:5
11:15
spent 15:11 23:18
stand 18:6
start 20:17 26:13
27:24
started 8:16 11:11
16:14,15,17,21 17:6
starting 10:8
State 9:14,19 11:23
19:8 20:3,4 21:24
22:19
States 25:4
station 19:15
stay 9:7 11:15 12:9
17:12 18:24
stayed 11:12
step 20:22,22 26:12
steps 15:9
stimulus 25:16
stop 15:2 27:1
stopped 5:20
store 7:22
strange 4:3
street 22:12
struggle 12:19
struggling 13:4
student 5:4 11:9
studied 5:3
study 20:14
Studying 20:14
stuff 10:4,4,22 11:16
17:20 22:25 25:23
26:17,18
sub-area 22:19
successful 27:11
Sullivan 1:19
summer 22:2
superior 12:23 13:1
supervisor 14:3
Supreme 4:10
surface 17:19
surprise 7:16
surrounded 10:16
T
tag 5:18,18
take 5:5,8,22 6:5 13:17
13:18 22:15 24:25
27:2
taken 14:9
talk 2:5 25:8 26:21
talking 6:4,11,17
12:22 26:2 27:12,13
taught 24:14
tax 28:7,9
tell 3:20 8:17 9:17 10:6
11:2,18 12:14 19:24
21:20 25:5
ten 2:4
thank 2:2 27:21 29:15
theirs 28:10
Theresa 1:19
thing 3:25 4:4
things 5:6 9:10,12
11:17 12:10,13,18
12:18 21:2,3 26:21
27:1
think 2:25 15:4,12
16:1 18:2 22:21,22
28:1,3,12
thinking 4:20 14:9
21:14 27:24
thought 6:21,21 7:17
17:18 29:5
three 3:17 21:7 22:8
thrive 18:22
thriving 20:4
time 3:9 7:14 12:20,22
13:1,25 15:11 21:14
21:15 27:2,19,20
TRANSCRIPTION BY
JANE ROSE REPORTING
times 2:22
today 3:10 4:1 17:4
told 5:3 6:24 7:25 8:4
8:9,19 9:21 14:24
18:8 26:10
Toni 18:18
tonight 18:8,16 29:11
tours 5:6
town 20:19
training 13:14
TRANSCRIPTION 1:7
Transcriptionist 1:19
transferred 9:18
travelling 19:24
tremble 5:14
tried 18:12 23:16
trouble 25:13
true 9:9 12:12
try 7:14 13:12 15:12
18:4 20:13 25:15
trying 12:23 13:1,2
16:15 24:5 27:1
turn 25:1
Tuskegee 21:22
TV 19:14
two 3:23 8:14 9:13,15
9:20 14:11 21:7
22:17 23:15
types 29:3
U
uh 11:1,5 13:23 21:22
24:6 27:7,9,18,23
28:1,15 29:3
um 7:20 8:22 10:6,18
10:22 11:7,16 13:11
14:1 16:1,4 18:8
19:20 21:23 23:1
24:10 25:6 26:4,5
29:2,5,7,8
understand 26:7
United 25:4
University 22:1
unknown 15:17
USDA 2:22 14:11
25:22
use 6:15 28:7,9,10
usually 5:4,8
U.S 4:9 5:2
V
v 1:1
Valley 9:14,16,21
21:24
versus 5:2 13:20
15:19
VIDEO 1:7
Virginia 10:13
visit 29:4
visual 15:16
wrong 7:18 24:20

wrote 4:11,17
www.naacp.org/ne...
1:8
W
want 2:2,10,13,18,18
2:20 3:7 5:13 6:9,15
6:20,25 8:18 12:11
14:2 15:25 17:12,23
19:6,15 22:15,24
23:2 24:10 26:15,18
27:4
wanted 5:11 6:10 7:1
7:10,12 8:3 17:22
23:17 24:9 28:24
wanting 5:5
wants 12:12
Warren 5:11
Washington 22:11
25:15
wasn't 8:25 9:2 10:11
10:15 12:8 15:5,10
way 4:9 15:4,23 18:10
19:21
weeks 9:20 14:11
went 9:12,13,20 10:2
11:12 23:20,21
we'll 28:5,5
we're 21:9,10 25:13
we've 11:15,19 17:7
20:18,19 25:11 26:1
27:23,24
white 3:13,15,19 4:4
4:13 5:17 9:2,22
10:16 12:21 13:6,13
13:21,21 14:5,9
15:21 16:5 18:16
19:1 21:25 23:25
24:7
whites 16:10,18 18:1
wish 23:25
witnesses 3:18
word 2:24 22:22
words 2:3
work 2:4,5 6:7 11:21
12:9 15:7,22 16:6,12
18:3,14,20 19:25
20:6,19 22:2
worked 11:13
working 2:3,11,25 9:8
15:18 17:6,9 20:15
22:22 23:24 25:1
works 26:6
worried 7:19 16:8
worse 19:17
wouldn't 4:13 19:15
Y
Yeah 19:9
year 3:9 5:23 7:6,16
9:19 20:16 27:15,16
years 2:4 3:10,25 5:10
6:14 9:9,11,13,15
10:5 11:3,6,16,20
12:3,10 16:6 17:8,20
18:6 23:14,19
yesterday 7:23
young 3:5,12 8:18
10:17 12:10 17:23
20:7,20 21:13 26:2
26:20 27:25
youngest 7:13
you-all 3:6 11:4 19:1
y'all 4:12,25 6:16
13:19 14:18,21
17:15 20:9,15,21,21
24:11,19 28:8 29:6
$
$150,000 5:23
$20,000 28:21,25
$25 26:11 28:20
$7,500 28:21
1
1st 21:11
1,265 27:15
1-800-825-3341 1:25
100% 25:19,20
11 11:3 15:2
12 13:15 14:7 15:1
22:17
12,000 27:18
129 22:13,16
13 14:12
15 23:7
17 3:12 9:6 21:22
17th 16:3
18th 16:4
1862 21:25
1890 21:18,19,25
1961 11:11
1974 23:15
2
2 23:8
20 3:22 22:18
2008 27:14
1-800-825-3341

Page 34
25 28:20
3
34 11:6
4
4,500 27:16
40 15:15 25:7
40s 4:3
400 17:8
45 3:10 9:9 18:6
5
515 24:7
6
6 9:25
6,000 22:10
60s 5:23
62 24:6 28:16
65 8:15 10:8
7
7,500 28:17
8
80 21:10
87 14:11
9
93 23:19
TRANSCRIPTION BY
JANE ROSE REPORTING
1-800-825-3341

Babinski, Laurie A.
From:
Sent:
To:
Subject:
Glass, David (CIV) <David.Glass@usdoj.gov>

Thursday, December 19, 2013 10:45 AM
Peter A. Farrell (peter.farrell@kirkland.com); Stephanie Thibault
(stephanie.thibault@kirkland.com); Bailen, Mark; Hogan, Thomas E.; Harrison J. Dossick
(hdossick@reedsmith.com); Glass, David (CIV)
Sherrod: Proposed Electronic Searches
Peter/Stephanie/Mark/Tom/Harrison:
The U.S. Department of Agriculture (USDA) proposes to conduct the following electronic searches for emails
pertaining to Shirley Sherrod in response to the subpoenas issued to it in Sherrod v. Breitbart and all outstanding requests
under the Freedom of Information and Privacy Acts. Please let me know if you have any questions or comments.
For the period June 1-October 31, 2010:
1. USDA proposes to search the Rural Development agency archive for emails of the following individuals:
Shirley Sherrod
Donnie D. Thomas, Assistant State Director, Georgia State Rural Development Office
Donna I. Graves, Director, Administrative Programs, Georgia State Rural Development Office
using the following search terms (words in quotes will be searched as a phrase):
Coffee County NAACP
banquet
Breitbart
video
blog
Larry OConnor
Freedom Fund
2. USDA proposes to search exchange server backups for emails of the following individuals:
Tom Vilsack, Secretary of Agriculture
Karen Ross, Chief of Staff
Carole Jett, Deputy Chief of Staff
David Lazarus, Senior Advisor to the Secretary
Robert Bonnie, Senior Advisor to the Secretary
Max Holtzman, Senior Advisor to the Secretary
Doug OBrien, Senior Advisor to the Secretary
Jane Hipp, Senior Advisor to the Secretary
Sarah Bittleman, Senior Advisor to the Secretary
Sally Cluthe, Director of Scheduling
Kevin Washo, White House Liaison
Kathleen Merrigan, Deputy Secretary
Suzanne Palmieri, Chief of Staff to the Deputy Secretary
Pearlie Reed, Assistant Secretary for Departmental Management
Alma Hobbs, Deputy Assistant Secretary
Robin Heard, Deputy Assistant Secretary
Bobbi Jeanquart, Chief of Staff
W. Russ Ashworth, Director, Management Services
Karen Messmore, Director, Office of Human Resource Management
1

Joe Leonard, Assistant Secretary for Civil Rights
Mary N. McNeil, Deputy Assistant Secretary
Dallas Tonsager, Under Secretary for Rural Development
Cheryl Cook, Deputy Under Secretary
Victor Vasquez, Deputy Under Secretary
Lisa Zaina, Chief of Staff
Timothy McNeilly, Director, Legislative & Public Affairs
Judith Canales, Administrator, Rural Business-Cooperative Service
Tammye Trevino, Administrator, Rural Housing Service
Jonathan Adelstein, Administrator, Rural Utilities Service
Chris Mather, Director, Office of Communication
David Sandretti, Deputy Director
Caleb Weaver, Press Secretary
Justin DeJong, Press Secretary
Steve Silverman, Deputy General Counsel and Acting General Counsel
Krysta Harden, Assistant Secretary for Congressional Relations
John Berge, Deputy Assistant Secretary
Jennifer Yezak, Director, External and Intergovernmental Affairs
using the following search terms (words in quotes will be searched as a phrase):
Sherrod
Shirley Sherrod
GA/RD
GA RD
Georgia RD
GA-RD
Breitbart
Larry OConnor
3. USDA proposes to search the Office of Executive Correspondence correspondence files for the term Sherrod,
excluding the terms Sherrod Brown and Senator Sherrod if technically feasible.
The estimated costs of these searches will be approximately $50,000-60,000 and take up to 45 days once the
searches begin. This time and cost is exclusive of review time.
Thanks, David

SHIRLEY SHERROD,
Plaintiff,
v.
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
Case No. 1:11-cv-00477 (RJL)
[PROPOSED] ORDER
THIS MATTER has come before the Court on the Motion to Compel Compliance with
Subpoenas Directed to the United States Department of Agriculture and the Executive Office of
the President of the United States filed by Defendant Larry OConnor. Having fully considered
the matter,
IT IS HEREBY ORDERED that the motion be, and hereby is, GRANTED, and it is
further
ORDERED that the United States Department of Agriculture and the Executive Office of
the President of the United States search for and produce all materials described in the protocols
attached hereto as Exhibit 1.
Dated:
The Hon. Richard J. Leon
EXHIBIT 1
PROTOCOL FOR SEARCH AND PRODUCTION OF E-MAIL RECORDS
OF THE UNITED STATES DEPARTMENT OF AGRICULTURE
1. Shirley Sherrod E-mails: For the dates July 25, 2009 through July 19, 2010, the USDA shall
search and produce Shirley Sherrods e-mails (including inbox, outbox, drafts, and
attachments).
2. Headquarters (HQ) E-mails (Sherrod Only): For the dates January 1, 2009 through July
attachments) of the individuals listed in Exhibit A to this Protocol for all documents
Senator Brown).1
3. Rural Development (RD) E-mails (Sherrod Only): For the dates July 1, 2009 through July
attachments) of the individuals listed in Exhibit B to this Protocol for all documents
Senator Brown).2
4. HQ and RD E-mails (Search Term List): For the dates July 15, 2010 through July 30, 2010,
the USDA shall search and produce the e-mail (including inbox, outbox, and attachments) of
the individuals listed in Exhibits A and B to this Protocol for all documents containing the
words or phrases listed in Exhibit C to this Protocol.
5. HQ and RD E-mails (Sherrod Only): For the dates July 31, 2010 through December 31,
2012, the USDA shall search and produce the e-mail (including inbox, outbox, drafts, and
attachments) of the individuals listed in Exhibits A and B to this Protocol for all documents
Senator Brown).

1
Counsel for Mr. OConnor understands, based on representations from counsel for the
Department of Justice, that the emails of Rural Development employees are organized separate
from the e-mail for USDA headquarters staff. As a result, Exhibit A lists headquarters
employees and Exhibit B lists Rural Development employees.
2
Mr. OConnor is not requesting e-mails for Rural Development employees prior to July 1, 2009
because counsel for Mr. OConnor understands, based on representations from DOJ counsel, that
those e-mails are on inaccessible magnetic storage tapes.
PROTOCOL FOR SEARCHING E-MAIL RECORDS

OF THE EXECUTIVE OFFICE OF THE PRESIDENT
1. For the dates July 15, 2010 through July 30, 2010, the EOP shall search and produce the email (including inbox, outbox, and attachments) of the individuals listed in Exhibit D to this
Protocol for all documents containing the word Sherrod (excepting references to Sherrod
Brown, Sen. Brown, and Senator Brown).
Exhibit A
USDA Headquarters Employees
Secretary
Tom Vilsack
Karen Ross
Carole Jett
Sally Cluthe
Malcolm Eve
Doug OBrien
Monica Wyant
David Lazarus
Assistant Secretary for Administration

Terry DAddio
Robin Heard
Alma C. Hobbs
Quinton Robinson
Carolyn C. Parker
Bobbi Jeanquart
Assistant Secretary for Civil Rights
Joe Leonard
Mary McNeil
Legislative Affairs
Krysta Harden
John Berge
Erin Hannigan
Lilia McFarland
Tina May
Sarah Misailidis
Julie Allen
Todd Williamson
Janice Williams
Chris Church
Communications
Chris Mather
Justin DeJong
Caleb Weaver
General Counsel
Steve Silverman
Frederick Pfaeffle
J. Michael Kelly
Arlean Leland
Inga Bumbary-Langston
White House Liaison

Kevin Washo
Farm Service Administration

Karis Gutter
Deputy Secretary
Kathleen Merrigan
Chad Maisel
Suzanne Palmieri

Pearlie S. Reed
Exhibit B
USDA Rural Development Employees
Rural Development
Dallas Tonsager
Cheryl Cook
Yeshimebet Abebe
Lisa Zaina
Wayne Maloney
Timothy McNeilly
Georgia Rural Development
Donnie D. Thomas
EJ Stapler
Deborah Callahan
Donna Graves
Exhibit C
Search Terms
Kingston
leave
Meet the Press
NAACP
New Communities
OConnor
OAO
offer*
Paige
Pearlie
Pigford
PPO
President*
race
racis*
Rahm
RD Director
Reed
resign*
Rose Sanders
Saxby
Sherrod (excepting references to Sherrod
Brown, Sen. Brown, and Senator
Brown)
Shirley
Spooner*
Tea Party
terminat*
transcrip*
TJV
Towns
Track B
transcri*
vet*
video
white farmer*
approp*
Big Government
Bishop
Breitbart
Brietbart [for misspellings]
CBC
Chambliss
Cherlin
Cheryl
Chris* Lu
Clyburn
Congressional Black Caucus
Cook
Dallas
Denise Wilson
discriminat*
FSC
fire* (excepting w/ forest)
firing
Fitz*
Fox
Freedom Fund
full copy
GA-RD
GA/RD
GA RD
GA situation
GA state director
Gavin
Georgia delegation
Georgia RD
Georgia state director
Gibbs
Green
Hill
James Cruey
John Lewis
Exhibit D
Executive Office of the President Employees
Rahm Emanuel
Robert Gibbs
Jim Messina
Michael A. Blake
Christopher Lu
Chris Reid
Tom Gavin
Reid Cherlin
Valerie E. Green

Sherrod V Breitbart - O'Connor Motion To Compel Subpoena To USDA 3-3-2014

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Sherrod V Breitbart - O'Connor Motion To Compel Subpoena To USDA 3-3-2014

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Case 1:11-cv-00477-RJL Document 93 Filed 03/03/14 Page 1 of 3

UNITED STATES DISTRICT COURT

Case No. 1:11-cv-00477 (RJL)

DEFENDANT LARRY OCONNORS MOTION TO COMPEL COMPLIANCE WITH

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Thomas D. Yannucci, P.C.

Attorneys for Shirley Sherrod

Attorneys for Susannah Breitbart

Attorneys for United States

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UNITED STATES DISTRICT COURT

Case No. 1:11-cv-00477 (RJL)

DEFENDANT LARRY OCONNORS MEMORANDUM IN SUPPORT OF MOTION TO

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FACTUAL BACKGROUND .............................................................................................2

The USDA and EOP discovery relates to whether Sherrod can

The Department of Justices proposal for production of USDA and EOP

The Governments proposed search terms would fail to uncover

The DOJs proposal would fail to uncover the communications within

OConnors proposal for the production of USDA documents is reasonable

OConnors proposal for the production of EOP documents is reasonable and

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The United States Government refuses to make a reasonable production of documents in

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Compl., p. 36, Count 1.

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Shirley Sherrod, The Courage to Hope (Atria 2012) at 133.

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The Governments proposed search terms would fail to uncover

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The DOJs proposal would fail to uncover the communications within

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Case 1:11-cv-00477-RJL Document 93-2 Filed 03/03/14 Page 1 of 1

UNITED STATES DISTRICT COURT

Case No. 1:11-cv-00477 (RJL)

LIST OF EXHIBITS TO DEFENDANT LARRY OCONNORS MOTION TO COMPEL

Defendant Larry OConnors Proposed Keyword Search Protocol

Defendant Larry OConnors Subpoena to the United States Department of

Defendant Larry OConnors Subpoena to the Executive Office of the President

Selection of E-mails Released by USDA Pursuant to FOIA (FP 001-056)

Transcript, USDA Press Conference (Aug. 24, 2010), also available at

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PROTOCOL FOR SEARCHING E-MAIL RECORDS

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Assistant Secretary for Administration

White House Liaison

Farm Service Administration

Office of Advocacy and Outreach

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