905 F. Supp. 2d 142
D.D.C.2012Background
- FOIA action against State Department and CBP to obtain records about President Obama and his mother Dunham.
- Court previously held Obama requests improperly authorized; searches for Dunham records were reasonable.
- CBP properly withheld some information under Exemption 6; remaining withholding under Exemption 7(E) lacked prior demonstration.
- TECS is CBP’s central law enforcement database linking to NCIC/NLETS; TECS and BCI contain travel/entry data for Dunham.
- The sole remaining issue is whether CBP properly withholds TECS-related information for the Dunham travel document record under Exemption 7(E).
- Court grants CBP’s renewed motion for summary judgment, finding proper withholding and complete segregability; final judgment in favor of defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Exemption 7(E) justifies withholding TECS data | Strunk/FOIA requests should yield more information | CBP demonstrated TECS codes and RSLT info are techniques/guidelines at risk if disclosed | Yes, Exemption 7(E) applies and withholding is proper |
Key Cases Cited
- Defenders of Wildlife v. U.S. Border Patrol, 623 F. Supp. 2d 83 (D.D.C. 2009) (FOIA exemptions and summary judgment standards)
- Simon v. Dep't of Justice, 980 F.2d 782 (D.C. Cir. 1992) (defines law-enforcement records and nexus test)
- Pratt v. Webster, 673 F.2d 408 (D.C. Cir. 1982) (nexus requirement for law-enforcement purpose)
- Campbell v. U.S. Dep't of Justice, 164 F.3d 20 (D.C. Cir. 1998) (deference to agency with respect to Exemption 7 but not blind)