Nearly four months ago, on August 20, 1997, the Committee on Government Reform and Oversight sent you a request for documents. In pertinent part, it stated: "Please provide the Committee with the following. All records relating to the St. Croix Meadows Greyhound Racing Park. Until recently, we believed that the Department of the Interior had taken this request seriously and had negotiated with this Committee in good faith to locate and provide responsive documents.

It has recently come to our attention, however, that the Department of the Interior has
not provided this Committee with documents responsive to our earlier request. In light of that fact.
I am very concerned about the lack of effort to comply with our earlier request for documents.
Consequently, we have been forced to issue a subpoena for the same materials that were covered in
our August 20. 1997. document request. We do not want the Department of the Interior to
duplicate its earlier efforts. However, this time we do expect -- and will require that you and
your employees will make a diligent effort to locate all relevant records.

Our discovery that you have not provided all relevant documents underscores our concern that the Department of Justice has an irreconcilable conflict when it comes to acting as defense counsel and investigator in the same case. Our recent discovery that parties involved in this litigation were making a concerted effort to ensure that lawyers from the Department of Justice

handled this case leads us to wonder whether those lawyers have acted diligently in requesting that the Department of the Interior locate and turn over all relevant information.

Subpena Duces Tecum

By Authority of the House of Representatives of the Congress of the United States of America

To The Department of Interior SERVE: Timothy S. Elliott

You are hereby commanded to produce the things identified on the attached schedule before the Government Reform and Oversight

full Committee on

of the House of Representatives of the United States, of which the Hon. Dan Burton

.......... is chairman, by producing such things in Room .2157......... of the in the city of Washington, on

Rayburn House Office Building

Friday January 2, 1998, at the hour of ....12:00 noon To Judy McCoy or U.S. Marshals Service to serve and make return.

The Committee hereby subpoenas certain records. Please provide logs which indicate cach record's Bates number, author, description, and source file. This subpoena does not require you to produce documents already provided to this Committee. If you have any questions. please contact the Committee's Senior Investigative Counsel James C. Wilson at (202) 225-5074.

Definitions and Instructions

(1) For the purposes of this subpoena, the word "record" or "records" shall include, but shall not be limited to, any and all originals and identical copies of any item whether written. typed. printed, recorded, redacted or unredacted, transcribed. punched, taped, filmed, graphically portrayed, video or audio taped, however produced or reproduced, and includes, but is not limited to, any writing, reproduction, transcription, photograph, or video or audio recording. produced or stored in any fashion, including any and all activity reports, agendas, analyses. announcements, appointment books, briefing materials. bulletins. cables, calendars, card files. computer disks. cover sheets or routing cover sheets, computer entries, computer printouts. computer tapes, contracts, external and internal correspondence, diagrams, diaries, documents, drawings, electronic mail (e-mail). facsimiles. journal entries, letters, manuals, memoranda. messages, minutes, notes, notices, opinions, statements or charts of organization, plans, press releases, recordings, reports. Rolodexes, statements of procedure and policy, studies, summaries. talking points. tapes, telephone bills, telephone logs, telephone message slips, records or evidence of incoming and outgoing telephone calls, telegrams, telexes, transcripts, or any other machine readable material of any sort whether prepared by current or former employees, agents,

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machine readable material of any sort whether prepared by current or former employees, agents.
consultants or by any non-employee without limitation. "Record" or "records" shall also include
all other records, documents, data and information of a like and similar nature not listed above.
(2) For purposes of this subpoena, the terms "refer" or "relate" and "concerning" as to any
given subject means anything that constitutes, contains, embodies, identifies, mentions, deals
with, or is in any manner whatsoever pertinent to that subject, including but not limited to
records concerning the preparation of other records.

(3) This subpoena calls for the production of records, documents and compilations of data and information that are currently in your possession, care, custody or control, including, but not limited to, all records which you have in your physical possession as well as any records to which you have access, any records which were formerly in your possession, or which you have put in storage or anyone has put in storage on your behalf. Unless a time period is specifically identified, the subpoena includes all documents to the present.

(4) The conjunctions "or" and "and" are to be read interchangeably in the manner that gives this subpoena the broadest reading.

(5) No records, documents, data or information called for by this subpoena shall be destroyed, modified, redacted, removed or otherwise made inaccessible to the Committee.

(6) If you have knowledge that any subpoenaed record. document, data or information has been destroyed, discarded or lost, identify the subpoenaed records, documents data or information and provide an explanation of the destruction, discarding, loss, deposit or disposal.

(7) When invoking a privilege as to any responsive record, document, data or information as a ground for withholding such record, document. data or information, list each record. document. compilation of data or information by date, type, addressee, author (and if different. the preparer and signatory), general subject matter, and indicated or known circulation. Also, indicate the privilege asserted with respect to each record, document, compilation of data or information in sufficient detail to ascertain the validity of the claim of privilege.

(8) This subpoena is continuing in nature. Any record, document, compilation of data or information, not produced because it has not been located or discovered by the return date shall be provided immediately upon location or discovery subsequent thereto.

(9) Please provide a printed and, where possible, an electronic version of records. Electronic information may be stored on 3 1⁄2 inch diskettes in ASCII format.

(10) For the purposes of this subpoena "St. Croix Meadows Greyhound Racing Park" refers to any and all employees, representatives, officers, contractors, volunteers, interns, agents and/or consultants, whether paid or unpaid, of the St. Croix Meadows Greyhound Racing Park. and any representatives, officers, contractors, volunteers, interns, agents and/or consultants, whether paid or unpaid, working on any proposal involving St. Croix Meadows Greyhound

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