Lardner v. United States Department of Justice
398 F. App'x 609
D.C. Cir.2010Background
- Appeal from a DC District Court ruling on FOIA disclosure of a list of presidential pardon/commutation denials prepared by the White House.
- OPA was ordered to release the names list; the district court rejected collateral estoppel from Lardner I and held exemptions 6 and 7(C) did not compel withholding.
- Appellant challenged privacy and stigma concerns under Exemption 6 and argued Exemption 7(C) applied.
- Court conducted de novo review and affirmed the district court’s balancing and reasoning.
- The list is not a law enforcement record under Exemption 7(C); disclosure does not implicate national security or presidential communications privilege.
- Prior related decisions include Lardner II (D.D.C. 2009) and Lardner I (D.D.C. 2005).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Exemption 6 justifies withholding the names | Lardner asserts strong privacy interests and practical obscurity. | DOJ contends privacy interests are outweighed by public interest; disclosure aligns with FOIA goals. | Affirmed; privacy interests balanced against public interests favor disclosure. |
| Whether Exemption 7(C) applies | Lardner argues enforcement/operational records implicate law enforcement concerns. | OPA records are not investigative records; list is not for law enforcement purposes. | Not applicable; list not a law enforcement record. |
| Whether collateral estoppel from Lardner I applies | Lardner seeks to bind district court to prior holding. | Lardner I differs materially in FOIA context; not binding here. | Rejected; Lardner I did not control evidence/issue here. |
Key Cases Cited
- Judicial Watch, Inc. v. U.S. Dep’t of Justice, 365 F.3d 1108 (D.C.Cir. 2004) (privacy interests under Exemption 6; content not disclosed)
- Schrecker v. U.S. Dep’t of Justice, 349 F.3d 657 (D.C.Cir. 2003) (incremental value of withheld information; exemption analysis)
- FBI v. Abramson, 456 U.S. 615 (Supreme Court 1982) (distinction between investigative records and other government records)
- Binion v. U.S. Dep’t of Justice, 695 F.2d 1189 (9th Cir. 1983) (confidential information in FBI investigations; not applicable here)
- John Doe Agency v. John Doe Carp., 493 U.S. 146 (1989) (information not connected to an ongoing law enforcement investigation)
- Pratt v. Webster, 673 F.2d 408 (D.C.Cir. 1982) (foia/records disclosure; relevance to agency records)
- Lombardi, Inc. v. Smithfield, 11 A.3d 1180 (Del. 1989) (irreparable harm doctrine (example formatting))