Murphy v. Executive Office for United States Attorneys
789 F.3d 204
D.C. Cir.2015Background
- Murphy, a federal prisoner, filed FOIA requests with EOUSA for grand jury information in two cases; EOUSA withheld dates and times of grand jury sessions under exemption 3.
- Murphy’s first request sought grand jury dates, judge names, indictments, discharge dates, and minute entries; second request sought dates/times of grand jury sessions, method of convening, and an unredacted indictment in Byrd’s case.
- EOUSA disclosed some records but withheld the specific dates and times of grand jury sessions to protect witness identities and grand jury secrecy, relying on exemptions 3 (and 7(C) later referenced).
- District court granted summary judgment for EOUSA, finding exemption 3 justified and the information non-segregable; Murphy’s remaining claims centered on the adequacy of the search and the accuracy of the records.
- On appeal, the D.C. Circuit reviews de novo the district court’s FOIA grant of summary judgment; the court affirms the exemption 3 justification and orders accordingly.
- The court analyzes whether disclosure of dates/times would reveal secret aspects of the grand jury investigation, including witnesses, and whether the asserted public-safety and secrecy rationales are plausible.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether exemption 3 supports withholding grand jury session dates/times | Murphy argues exemption 3 does not apply | EOUSA contends dates/times reveal secret aspects of the investigation | Yes; exemption 3 applies |
| Whether disclosing dates/times would reveal grand jury witnesses | Murphy asserts no witness identities would be disclosed | Dates/times could reveal witness identities or enable retaliation | Dates/times may reveal secret aspects; protected |
| Whether disclosure would also reveal grand jury deliberations | Not asserted to reveal deliberations | Disclosure could illuminate the deliberative process | Protected by Rule 6(e); disclosure barred |
Key Cases Cited
- Hodge v. FBI, 703 F.3d 575 (D.C. Cir. 2013) (exemption 3 protects identities and secret aspects of grand jury investigations)
- Lopez v. DOJ, 393 F.3d 1345 (D.C. Cir. 2005) (grand jury materials may be withheld under exemption 3)
- Fund for Constitutional Gov’t v. Nat’l Archives and Records Serv., 656 F.2d 856 (D.C. Cir. 1981) (grand jury secrecy and Rule 6(e) considerations important to FOIA)
- McDonnell Douglas Corp. v. Dep’t of the Air Force, 375 F.3d 1182 (D.C. Cir. 2004) (experience-based deference for classification or secrecy justifications)
- Harris v. Gonzales, 488 F.3d 442 (D.C. Cir. 2007) (FOIA exemptions narrowly construed but must have meaningful reach)