Awan v. United States Department of Justice
2014 U.S. Dist. LEXIS 76590
| D.D.C. | 2014Background
- Plaintiff Awan sought a material witness warrant affidavit under the Freedom of Information Act (FOIA); defendants withheld the affidavit citing a sealing order and FOIA exemptions.
- On May 22, 2013 the Court granted in part defendants’ summary judgment and deferred ruling on the sealed affidavit; on January 17, 2014 the Court denied summary judgment as to that affidavit and ordered partial release of portions withheld under Exemption 3.
- Defendants moved for reconsideration under Federal Rule of Civil Procedure 54(b), submitting a subsequent Southern District of New York "Clarifying Order" (Apr. 13, 2014) stating the affidavit was sealed to prohibit disclosure under Rule 6(e).
- Awan argued he was entitled to the affidavit because he was a party to the underlying criminal case; the government contended a public FOIA release differs from party discovery and that the sealing order bars disclosure to the public.
- The Court concluded that compliance with the SDNY sealing order is not an improper withholding under FOIA and granted reconsideration, vacating the prior order to partially release the affidavit and entering judgment for the defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a sealing order prohibiting disclosure prevents release of a material witness warrant affidavit under FOIA | Awan: as a party to the criminal case he is entitled to the affidavit | DOJ: a clarifying sealing order prohibiting disclosure makes withholding proper under FOIA | The Court: sealing order prohibits disclosure; withholding is proper under FOIA |
| Whether the court should reconsider its Jan. 17, 2014 interlocutory ruling | Awan: prior denial of sealing-based withholding should stand | DOJ: Rule 54(b) allows reconsideration based on the new Clarifying Order | The Court: exercised Rule 54(b) authority and granted reconsideration |
| Whether a FOIA disclosure is equivalent to disclosure to a single party in criminal discovery | Awan: asserted entitlement akin to party discovery | DOJ: FOIA disclosure is public release and different from discovery; sealing may bar public release | The Court: agreed FOIA is public disclosure and distinguished party discovery |
| Whether compliance with a court sealing order constitutes an improper withholding under FOIA | Awan: prior reasoning suggested sealing did not bar disclosure absent clarifying order | DOJ: the Clarifying Order explicitly prohibits disclosure, so compliance is not improper | The Court: compliance with clarifying sealing order is not an improper FOIA withholding |
Key Cases Cited
- Morgan v. U.S. Dep’t of Justice, 923 F.2d 195 (D.C. Cir. 1991) (a clarifying court order that a seal prohibits disclosure supports summary judgment for the government in FOIA cases)
- Cottone v. Reno, 193 F.3d 550 (D.C. Cir. 1999) (distinguishes constitutionally compelled disclosure to a single party from FOIA public releases)
- Stonehill v. IRS, 558 F.3d 534 (D.C. Cir. 2009) (FOIA is not a substitute for discovery rules; different considerations apply)
- Clay v. U.S. Dep’t of Justice, 680 F. Supp. 2d 239 (D.D.C. 2010) (rejecting due process argument that FOIA disclosure should be treated like discovery)
- Capitol Sprinkler Inspection, Inc. v. Guest Servs., Inc., 630 F.3d 217 (D.C. Cir. 2011) (Rule 54(b) recognizes district court power to reconsider interlocutory orders)