Media Research Center v. U.S. Department of Justice
818 F. Supp. 2d 131
D.D.C.2011Background
- MRC and JW each filed FOIA actions against DOJ/OSG seeking documents related to Solicitor General Elena Kagan's involvement with PPACA and related litigation.
- DOJ produced some documents and withheld others under FOIA exemptions; some materials were deemed not to be agency records.
- DOJ identified ~1,400 potentially responsive pages; 115 contained responsive material; 86 were agency records; 45 released and 41 withheld as non-agency records or under exemptions.
- MRC challenged the search and the withholding of 41 pages presumed not agency records, plus Exemption 5 deliberative/work-product justifications.
- JW challenged the same production issues, including redactions under Exemption 5 for attorney work-product.
- The court consolidated the cases for common issues and granted summary judgment for DOJ after evaluating search adequacy, agency-record status, and exemptions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of the FOIA search | MRC/JW contend search was inadequate and selective. | DOJ conducted a detailed, reasonably calculated search with term compatibility and proper targeting. | Search deemed adequate; no genuine issue of material fact on adequacy. |
| Whether documents 105-113 are agency records | Documents were created/received by S.G. Kagan and thus agency records. | Documents were personal to Kagan and not created/used in DOJ’s official functions; not agency records. | Documents 105-113 are not agency records; not subject to FOIA. |
| Applicability of Exemption 5 and attorney work-product | Redactions under attorney work-product are improper or overbroad. | Redactions fall within attorney work-product and deliberative-process privileges when prepared in anticipation of litigation. | Exemption 5 properly applied to redacted portions; attorney work-product privilege upheld. |
Key Cases Cited
- Weisberg v. Dep't of Justice, 705 F.2d 1344 (D.C. Cir. 1983) (adequacy of search assessed by reasonableness of methods, not fruits)
- Iturralde v. Comptroller of Currency, 315 F.3d 311 (D.C. Cir. 2003) (reasonableness standard for FOIA search adequacy)
- Campbell v. Dep’t of Justice, 164 F.3d 20 (D.C. Cir. 1998) (FOIA search must be reasonable and systematic)
- In re Sealed Case, 146 F.3d 881 (D.C. Cir. 1998) (attorney work-product privilege in Exemption 5 contexts)