Subject: Seeking information relating to your Amtrak Director position
From: "Acheson, Eleanor" <[email-masked]>
To: <[email-masked]>
Cc: "Hancock, Phil A" <[email-masked]>, "Moore, Dennis" <[email-masked]>
Date: Wed, 5 Aug 2015 13:47:24 +0000

Hunter - the original message below bounced back, so I am resending.   Eldie

From: Acheson, Eleanor
Sent: Tuesday, August 04, 2015 6:39 PM
To: [email-masked]<mailto:[email-masked]>; [email-masked]<mailto:[email-masked]>
Cc: Moore, Dennis; Hancock, Phil A
Subject: Seeking information orelating to your Amtrak Director position

Hunter Biden and Nancy Naples-I am very sorry to bother you for some information about your respective Amtrak Board appointments which the U.S. DOJ has asked Amtrak for in connection with its representation of the U.S. DOT in this litigation with the American Association of Railroads over a provision of PRIIA, Amtrak's 2008 reauthorization legislation. You may recall seeing in the media that in March '15, the Supreme Court issued an opinion in this case which had the effect of raising some questions of constitutional Appointments Clause law about Amtrak's current Board construct (which was established by PRIIA).

The case is now on remand back to the D.C. Circuit and briefs are due soon. The DOJ is attempting to assemble a record of the swearing-ins of all Amtrak Directors who served into or during the PRIIA era. The only two Directors in this period about whom the Corporate Secretary's office has no swearing-in information are you two. So, may I ask that you respond to me and my two colleagues on the cc line with the following information?

Hunter-You were appointed with Donna McLean on July 26, '06. Do you recall when you were sworn in to your Director position and by whom? If you can provide that information from your memory, we need no further information or documentation, but please feel free to consult any materials you may have.

Nancy-I am pretty sure that you and Tom carper were appointed at the same time earlyish in 2008, before PRIIA was enacted (which was Oct. 2008). Do you recall when you were sworn into your Director position and by whom?

Again, I am so sorry to bother you for details from so long ago, but we have been asked to do so by DOJ. We would much appreciate your responding and for your time in thinking about this or diving into old files.

I will be away from the office beginning tomorrow, but should you have any questions, please feel free to e-mail me or to e-mail or call Dennis Moore (202-906-2750).

Thank you, Eldie Acheson

Eleanor D. Acheson
Chief Legal Officer, General Counsel & Corporate Secretary
National Railroad Passenger Corporation/Amtrak
60 Massachusetts Ave, NE, Room 3E-348
Washington, DC  20002

office/ (202) 906-2198
fax/ (202) 906-3033
cell/ (202) 834-0522