Schoenman v. Federal Bureau of Investigation
841 F. Supp. 2d 69
D.D.C.2012Background
- Schoenman filed FOIA/PA requests in 2001 to CIA, FBI, and other agencies seeking records about him, Bertrand Russell, and six organizations.
- FBI referred 120 CIA-originating documents to the CIA for processing and a direct response to Schoenman after reprocessing records.
- CIA released 101 documents in part (288 pages) and withheld 19 documents in full (52 pages) from those referrals.
- CIA's withholding relied on FOIA Exemptions 1 and 3 and Privacy Act exemptions (j)(1) and (k)(1).
- The court previously found the FBI Vaughn index inadequate and ordered reprocessing with a revised Vaughn index.
- Two preliminary late-file motions by Schoenman were denied; the court then addressed the cross-motions on the CIA referrals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Exemption 1 supports withholding the CIA-abridged records | Schoenman contends exemptions should not apply to the withheld data | CIA shows proper classification under EO 13,526 and national security harm is plausible | Exemption 1 properly invoked |
| Whether Exemption 3 supports withholding the CIA-abridged records | Schoenman challenges application of statutory exemptions | National Security Act and CIA Act statutes authorize withholding | Exemption 3 properly invoked |
| Whether the CIA adequately disclosed all reasonably segregable non-exempt portions | Schoenman contends more non-exempt material should have been released | CIA conducted line-by-line review and released all reasonably segregable material | CIA satisfied segregability requirement |
Key Cases Cited
- Morley v. Cent. Intelligence Agency, 508 F.3d 1108 (D.C. Cir. 2007) (test for exemption applicability and deference in national security FOIA)
- American Civil Liberties Union v. U.S. Dep’t of Defense, 628 F.3d 612 (D.C. Cir. 2011) (agency affidavits and plausible harm standard in national security FOIA)
- Larson v. Dep’t of State, 565 F.3d 857 (D.C. Cir. 2009) (deference to agency classifications in FOIA Exemption 1 context)
- Mead Data Cent., Inc. v. U.S. Dep’t of the Air Force, 566 F.2d 242 (D.C. Cir. 1977) (segregability and non-conclusory justification standard)
- Goland v. Cent. Intelligence Agency, 607 F.2d 339 (D.C. Cir. 1978) (Exemption 3 scope for statutory protections of sources and methods)