Citizens for Responsibility and Ethics in Washington v. U.S. Department of Justice
870 F. Supp. 2d 70
D.D.C.2012Background
- CREW filed a FOIA suit seeking FBI records related to the DOJ's DeLay investigation, including FD-302s, FD-302 inserts, and investigative materials.
- FBI responded with a Glomar-like stance for third-party records, withholding under Privacy Act and FOIA Exemptions 6, 7(C), 2, 3, 7(A), 7(D), and 7(E).
- DOJ moved for summary judgment; CREW cross-moved for partial summary judgment seeking disclosure of the same records.
- Court's analysis focuses on whether the FBI properly withheld the FD-302s/FD-302 inserts and investigative materials under Exemptions 6, 7(C), 7(A), 2, 3, 7(D), and 7(E).
- Court found substantial privacy interests in DeLay and third parties, and upheld withholding under Exemptions 6 and 7(C), and also upheld 7(A), 2, 3, 7(D), and 7(E); action dismissed with summary judgment for DOJ.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Exemptions 6 and 7(C) permit withholding | CREW asserts public interest outweighs privacy interests in DeLay records. | DOJ privacy interests in DeLay and third parties outweigh public interest; exemptions should apply. | Yes; exemptions balance favors withholding. |
| Whether Exemption 7(A) applies to withhold beyond 6/7(C) | Disclosure would serve public understanding of government operations. | Disclosure could interfere with ongoing/enforcement proceedings. | Yes; records properly withheld under 7(A). |
| Whether Exemptions 2, 3, 7(D), and 7(E) independently support withholding | Exemptions insufficient to withhold all responsive material. | Exemptions cover internal numbers, grand jury matters, confidential sources, and investigative techniques. | Yes; each exemption properly applied. |
| Whether FBI search was reasonably calculated to uncover all relevant documents | Search may have been inadequate for responsive records. | Declaration demonstrates reasonable search across CRS and main files. | Yes; search deemed reasonable. |
Key Cases Cited
- National Association of Home Builders v. Norton, 309 F.3d 26 (D.C. Cir. 2002) (exemptions construed narrowly with strong disclosure presumption)
- U.S. Dep't of Justice v. Reporters Comm. for Freedom of the Press, 489 U.S. 749 (S. Ct. 1989) (public interest in disclosure; journalists' right to know)
- Beck v. Department of Justice, 997 F.2d 1489 (D.C. Cir. 1993) (privacy interests balanced against public disclosure)
- In re Motions of Dow Jones & Co., 142 F.3d 496 (D.C. Cir. 1998) (reasonableness of exemption justification; detailed Vaughn submissions not always required)
- Davis v. U.S. Dep't of Justice, 968 F.2d 1276 (D.C. Cir. 1992) (public interest relevant to Exemption 7(C) disclosure)
- Favish v. Department of Justice, 541 U.S. 157 (S. Ct. 2004) (public interest threshold for disclosure under FOIA)
- Landano v. United States, 508 U.S. 165 (S. Ct. 1993) (confidential sources require demonstrable expectation of confidentiality)
- Milner v. Navy, 131 S. Ct. 1259 (S. Ct. 2011) (elimination of High/Low 2 distinction in exemptions)
- Schrecker v. U.S. Department of Justice, 349 F.3d 657 (D.C. Cir. 2003) (shields names and identifying information under privacy/public interest balancing)
- Sussman v. United States Marshals Service, 494 F.3d 1106 (D.C. Cir. 2007) (privacy interests of investigators, witnesses, informants)