Blackwell v. Federal Bureau of Investigation
396 U.S. App. D.C. 164
| D.C. Cir. | 2011Background
- Blackwell was convicted in 2005 on 19 counts of insider trading and related offenses; he was sentenced to 6 years' imprisonment and fined $1 million.
- In 2007, Blackwell made FOIA requests to the FBI seeking, among other things, documents related to key trial witnesses and investigation costs.
- The FBI identified 3319 potentially responsive pages, with 1869 determined responsive; after applying FOIA exemptions, 1103 pages were produced in full, 557 in part, and 209 were withheld in their entirety.
- The FBI stated it identified responsive documents by searching on Blackwell's name alone and withheld third-party information where appropriate.
- In this FOIA suit, Blackwell challenged the redactions/withholdings, the adequacy of the FBI's search, and the sufficiency of the Vaughn index; the District Court granted summary judgment for the FBI; this court reviews de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Exemption 7(C) applies to the records at issue. | Blackwell contends the documents are not records compiled for law enforcement purposes and/or not subject to privacy protections. | FBI maintains the files relate to Blackwell's prosecution and thus are law-enforcement records; privacy interests justify withholding. | Exemption 7(C) applies; Favish standard not met. |
| Whether Exemption 7(E) supports withholding of the records. | Blackwell argues no legitimate basis to withhold under Exemption 7(E). | Disclosure would reveal investigation techniques and data-collection methods; risk of circumvention. | Exemption 7(E) supports withholding for both forensic procedures and ChoicePoint data. |
| Whether the FBI's search for responsive documents was adequate. | Blackwell contends the FBI should search specific individuals named in the request. | Searching third-party names would add protected material; privacy concerns outweigh public interest. | Search deemed adequate; no requirement to search third-party records absent justification. |
| Whether the Vaughn index was adequate to describe withheld documents. | Blackwell argues insufficient context for wholly withheld documents. | Second Hardy declaration provides concise explanations for withheld items. | Vaughn index adequate. |
Key Cases Cited
- Campbell v. Dep't of Justice, 164 F.3d 20 (D.C. Cir. 1998) (requirement of a rational nexus to law enforcement purpose for FOIA 7 exemptions)
- Keys v. Dep't of Justice, 830 F.2d 337 (D.C. Cir. 1987) (records qualify as law-enforcement if linked to agency duties)
- National Archives & Records Admin. v. Favish, 541 U.S. 157 (Supreme Court 2004) (Favish standard for overcoming privacy exemptions requires evidence of possible government impropriety)
- Mayer Brown LLP v. IRS, 562 F.3d 1190 (D.C. Cir. 2009) (Exemption 7(E) requires a logical explanation of risk of circumvention from release)
- Martin v. Dep't of Justice, 488 F.3d 446 (D.C. Cir. 2007) (public interests and privacy interests in 7(C) balancing; third-party information sensitivity)