Judicial Watch, Inc. v. United States Department of Treasury
248 F. Supp. 3d 87
| D.D.C. | 2017Background
- Plaintiff Judicial Watch filed a FOIA request seeking emails between specified Treasury offices (OFAC, CFIUS, and the Office of the Secretary) and any "clintonemail.com" address for Feb. 2, 2009–Jan. 31, 2013.
- Each of the three Treasury offices conducted independent searches limited to senior policy officials (e.g., Secretary, Associate/Assistant Directors, Directors, Deputy Directors).
- Search terms included "clintonemail.com", "clintonemail", or "clinton"; no responsive records were located.
- Judicial Watch sued, claiming the searches were inadequate and arguing Treasury should perform a global search of all employees' emails.
- Treasury moved for summary judgment, asserting its searches were reasonably calculated to locate responsive records because senior officials were the only ones likely to have communicated with Clinton or her senior aides.
- The Court concluded Treasury's searches were adequate, found no evidence of bad faith, and granted summary judgment for Treasury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Treasury's limited searches were adequate under FOIA | Search limited to senior officials was insufficient; Treasury should run a global search of all employees' emails | Searches of senior officials were reasonably calculated to uncover responsive records because only they were likely to communicate with Clinton or her senior aides | Court held Treasury's targeted searches were adequate and granted summary judgment for Treasury |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment burden allocation)
- Anderson v. Liberty Lobby, 477 U.S. 242 (summary judgment standard and drawing inferences)
- Nation Magazine, Wash. Bureau v. U.S. Customs Serv., 71 F.3d 885 (agency must show search was reasonably calculated to uncover relevant documents)
- Valencia–Lucena v. U.S. Coast Guard, 180 F.3d 321 (agency must search in good faith using reasonably expected methods)
- Oglesby v. U.S. Dep’t of Army, 920 F.2d 57 (adequacy of search measured by reasonableness, not perfection)
- Steinberg v. Dep’t of Justice, 23 F.3d 548 (FOIA inquiry focuses on adequacy of search)
- SafeCard Servs., Inc. v. SEC, 926 F.2d 1197 (agency not required to search every record or conduct a perfect search)