Judicial Watch, Inc. v. Board of Governors of the Federal Reserve System
773 F. Supp. 2d 57
D.D.C.2011Background
- Judicial Watch seeks FOIA logs of visits to Bernanke and Warsh from Aug 2007 through Sep 2, 2009.
- Board produced logs with names (and two organizations) redacted as personal visits.
- Judicial Watch argues redactions of personal visitor names were improper.
- Board relies on Exemption 6 to withhold personal names, asserting unwarranted privacy invasion would occur.
- Board conducted a search of logs for Aug 1, 2007 through Sep 9, 2009 and provided a Vaughn index and declarations.
- Court grants summary judgment for Board, finding search adequate, exemptions applied properly, and segregability satisfied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of search for records | Judicial Watch contends search was inadequate. | Board shows reasonable, non-conclusory search; logs responsive. | Adequate search; no genuine dispute. |
| Proper application of Exemption 6 | Names of personal visitors should be disclosed. | Disclosure would invade privacy; logs are personal, not public interest-driven. | Exemption 6 permissibly applied; no public interest in disclosure. |
| Segregability of non-exempt material | Board failed to disclose segregable information. | All non-exempt portions disclosed; only names/organizations of personal visitors withheld as inextricably intertwined. | Board complied; no further segregable information. |
Key Cases Cited
- Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973) (require explanation to challenge exemptions; details matter for review of withholding)
- Mead Data Cent., Inc. v. U.S. Dep't of the Air Force, 566 F.2d 242 (D.C. Cir. 1977) (needs detailed index and non-conclusory justification for exemptions)
- Wash. Post Co. v. U.S. Dep't of Health and Human Servs., 690 F.2d 252 (D.C. Cir. 1982) (defines Exemption 6 and privacy/public interest balancing)
- Reed v. NLRB, 927 F.2d 1249 (D.C. Cir. 1991) (privacy interests in individuals named in records)
- Horner v. Nat'l Ass'n of Retired Federal Employees, 879 F.2d 873 (D.C. Cir. 1989) (privacy interests favor withholding)