20 F.4th 337
7th Cir.2021Background
- Jacqueline Stevens, a Northwestern political‑science professor, filed three FOIA requests in Feb 2015: Northwestern (Req. 3180), Campuses (Req. 3181), and USAID/MEPI (Req. 3575).
- The State Department produced hundreds of records responsive to the Northwestern request, some responsive to USAID/MEPI, and none for the Campuses request; it also withheld certain documents.
- The parties agreed early that Stevens would provide keywords to prioritize a large set of potentially responsive Northwestern documents; the Department used that keyword filter and produced bulk results in 2018.
- Stevens sued in March 2017 alleging inadequate searches and improper withholdings; the district court granted summary judgment for the Department but ordered two limited follow‑up searches, after which final judgment entered.
- On appeal Stevens argued searches were inadequate and exemptions were misapplied (Exemptions 1, 3, and 5); the Seventh Circuit reviewed search adequacy de novo and reviewed withholdings under its two‑step FOIA withholding review and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of State Dept. searches | Stevens: searches omitted likely repositories and declaration lacked detail; keyword filtering was only for prioritization, not limitation | State: searches were reasonable, adequately documented by Stein declaration, and Stevens acquiesced to keyword filtering | Court: search was adequate; Stevens waived late objection to keyword filtering and affidavit provided sufficient detail |
| Timeliness / keyword agreement | Stevens: September 2018 objection that keyword use improperly limited search | State: parties had agreed to keyword prioritization and Stevens did not timely object | Court: district court did not abuse docket‑management discretion; Stevens’s late objection was untimely and acquiescence is considered in adequacy review |
| Exemption 1 (national security/classification) | Stevens: challenged Executive Order 13,526 and some classifications as overbroad | State: withheld properly classified materials per EO 13,526; Vaughn index and in camera review supported harms asserted | Court: upheld Exemption 1 withholdings as adequately justified in Vaughn index and affidavits |
| Exemption 3 (statutory withholding re: visas) | Stevens: documents withheld under 5 U.S.C. §552(b)(3) and 8 U.S.C. §1202(f) do not pertain to past or pending visa requests | State: withheld items plainly relate to visa issuance/refusal (e.g., "Help with U.S. Visa" emails) | Court: upheld statutory withholding; documents met the relevant statutory scope |
| Exemption 5 (deliberative‑process privilege) | Stevens: cables are final agency action and thus not deliberative; privilege limited to policy formation or adjudication | State: withheld predecisional, deliberative drafts, agendas, and emails protected by deliberative‑process privilege | Court: upheld Exemption 5 withholdings; cables can be deliberative and privilege applies to predecisional internal communications |
Key Cases Cited
- Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973) (establishes Vaughn index practice for FOIA withholdings)
- Rubman v. U.S. Citizenship & Immigration Servs., 800 F.3d 381 (7th Cir. 2015) (standard for adequacy of agency FOIA searches)
- Henson v. Dep’t of Health & Human Servs., 892 F.3d 868 (7th Cir. 2018) (two‑step approach to reviewing FOIA withholdings and affidavit sufficiency)
- Keeton v. Morningstar, Inc., 667 F.3d 877 (7th Cir. 2012) (district courts’ broad docket‑management discretion)
- Enviro Tech Int’l, Inc. v. EPA, 371 F.3d 370 (7th Cir. 2004) (deliberative‑process privilege explained in FOIA context)
- Becker v. IRS, 34 F.3d 398 (7th Cir. 1994) (district courts suited for comprehensive record‑by‑record FOIA withholding review)
- U.S. Fish & Wildlife Serv. v. Sierra Club, 141 S. Ct. 777 (2021) (discusses predecisional and deliberative materials)
- Puffer v. Allstate Ins. Co., 675 F.3d 709 (7th Cir. 2012) (failure to raise argument below waives it on appeal)