North v. United States Department of Justice
2011 U.S. Dist. LEXIS 34494
| D.D.C. | 2011Background
- North, a defendant in a prior criminal case, filed FOIA requests to EOUSA for grand jury records related to his indictment and testimony.
- EOUSA had previously granted summary judgment on most claims but denied Count III, which challenged their handling of grand jury records.
- After a nonmovant outcome on Count III, EOUSA conducted a renewed search through the Massachusetts U.S. Attorney's Office files and grand jury records.
- Christopher Bator, an AUSA who prosecuted North, conducted the new search and reviewed North's FOIA requests prior to searching.
- Seventeen pages from the grand jury records (including transcripts pages with dates) were released with some information redacted under FOIA Exemptions 3 and 7(C).
- North challenged the adequacy of the search and the use of exemptions; the court evaluated the search adequacy and the propriety of exemptions under FOIA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of EOUSA's search for records | North argues the new search was inadequate and incomplete. | EOUSA contends the search was reasonably calculated to locate responsive records. | EOUSA's search was adequate. |
| Propriety of exemptions 3 and 7(C) | North contends exemptions were misapplied and/or overbroad. | EOUSA properly invoked Exemptions 3 (Rule 6(e) grand jury secrecy) and 7(C) (privacy in law enforcement records). | Exemptions properly invoked; non-exempt information disclosed. |
| Docket entries and court records | North seeks docket entries and court records not maintained by EOUSA. | FOIA requires records in EOUSA custody/control, not court records. | EOUSA not required to provide non-custodial docket entries; records in EOUSA custody were provided. |
| FOIA obligation to create or retain documents | North asks for affirmative answers about grand jury terms and extensions. | FOIA does not require agencies to create or retain documents beyond what they hold. | FOIA does not obligate creation/retention beyond agency-held records. |
| Disposition on Count III | North seeks reversal/continuation of records disclosure. | EOUSA is entitled to summary judgment on Count III. | EOUSA granted summary judgment on Count III; North's MSJ denied on Count III. |
Key Cases Cited
- Nation Magazine v. U.S. Customs Serv., 71 F.3d 885 (D.C. Cir. 1995) (adequacy of search standard; reasonably calculated to uncover records)
- Oglesby v. U.S. Dep't of the Army, 920 F.2d 57 (D.C. Cir. 1990) (reasonableness of search; not every record system must be searched)
- Mead Data Cent., Inc. v. U.S. Dep't of the Air Force, 566 F.2d 242 (D.C. Cir. 1977) (segregability and disclosure of non-exempt information)
- Kissinger v. Reporters Comm. for Freedom of the Press, 445 U.S. 136 (U.S. 1980) (FOIA exemptions and public interest considerations)
- Beck v. Dep't of Justice, 997 F.2d 1489 (D.C. Cir. 1993) (agency bears burden to justify withholding; exemptions must be reasoned)
- U.S. Dep't of Justice v. Reporters Comm. for Freedom of the Press, 489 U.S. 749 (U.S. 1989) (privacy interests and disclosure in law enforcement records)
- Fund for Constitutional Gov't v. Nat'l Archives & Records Serv., 656 F.2d 856 (D.C. Cir. 1981) (statutory basis for exemption (6e) as FOIA Exemption 3)
- Summers v. Dep't of Justice, 140 F.3d 1077 (D.C. Cir. 1998) (FOIA exemptions and balancing private/public interests)