Gold Anti-Trust Action Committee, Inc. v. Board of Governors of the Federal Reserve System
2011 U.S. Dist. LEXIS 10319
D.D.C.2011Background
- GATA filed FOIA requests to the Board seeking gold swaps records from 1990–2009; 2007 request led to partial disclosures and later redactions.
- 2009 FOIA request sought all records mentioning gold swap terms and related subcategories, including materials withheld in 2007.
- Board produced some documents and withheld or redacted others under Exemptions 4 and 5, with a Vaughn Index detailing every document's status.
- Board conducted additional review in 2010, releasing a small number of documents and redacting others, totaling 20 documents withheld or produced with redactions.
- GATA moved for summary judgment; the Court granted in part and denied in part, requiring production of Document 10 and upholding most exemptions.
- The court conducted an in camera review of withheld documents and analyzed search adequacy, exemptions, and segregability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board's search was reasonably calculated to locate all responsive records | GATA argues search was inadequate and incomplete | Board asserts a thorough, reasonably detailed search | Search found no substantial doubt; summary judgment for Board on search adequacy |
| Whether Exemption 5's deliberative process privilege applies to the redacted materials | Deliberative privilege not clearly tied to specific decisions | Documents are predecisional and deliberative despite redactions | Documents 1–6, 7–9, 11–12, 13–15, 17, 18–20 properly withheld under Exemption 5; Document 10 not withheld |
| Whether Exemption 4 applies to documents involving foreign central banks | Challenge to confidentiality and voluntary submission | Information is confidential, supplied by foreign central banks, and not typically released | Documents 7, 8, and 11 properly withheld under Exemption 4 |
| Whether the Board complied with segregability requirement | Untested or unnecessary disclosures possible | Nonexempt portions adequately released; redacted portions inseparably linked to exempt material | Court satisfied that reasonably segregable nonexempt material was released; remaining material non-segregable |
Key Cases Cited
- Iturralde v. Comptroller of the Currency, 315 F.3d 311 (D.C. Cir. 2003) (requires reasonably detailed search and supports admissible agency affidavits)
- Valencia-Lucena v. U.S. Coast Guard, 180 F.3d 321 (D.C. Cir. 1999) (define reasonableness of FOIA search; use of declarations acceptable)
- Perry v. Block, 684 F.2d 121 (D.C. Cir. 1982) (affidavits may establish the scope and method of search)
- In re Sealed Case, 121 F.3d 729 (D.C. Cir. 1997) (deliberative process privilege; predecisional and deliberative criteria)
- Klamath Water Users Protective Ass'n v. Bureau of Reclamation, 532 U.S. 1 (U.S. 2001) (deliberative process privilege under Exemption 5)
- Sears, Roebuck & Co. v. NLRB, 421 U.S. 132 (U.S. 1975) (predecisional communications protection; policy rationale)