Strunk v. United States Department of State
845 F. Supp. 2d 38
D.D.C.2012Background
- FOIA request seeks records about Stanley Ann Dunham from CBP, a DHS component.
- Court granted in part and denied in part CBP's summary-judgment motion, without prejudice.
- Court previously dismissed FOIA claims to the State Department and DHS regarding Obama-related information.
- Plaintiff filed a motion for reconsideration/ Vaughn Index, deemed meritless and denied.
- CBP argued no records beyond one TECS page; TECS contains Border Crossing Information (BCI).
- CBP search used name variations and DOB; result: one responsive page with redactions under Exemptions 2, 6, 7(C), 7(E).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CBP's search was reasonably calculated to locate responsive records | Strunk claims additional records exist | CBP's TECS search identified all responsive records | Yes; search reasonably calculated to find responsive records |
| Whether Exemption 6 properly withholds the terminal user ID data | Public interest supports disclosure | Privacy interests override public interest | Exemption 6 applies; terminal user ID properly withheld |
| Whether Exemption 7(E) justification is sufficiently detailed | Withholding under 7(E) unsupported | Information relates to law enforcement techniques that could be misused | Not demonstrated adequately; 7(E) not fully justified; partial grant of summary judgment denied on this point |
Key Cases Cited
- Perry v. Block, 684 F.2d 121 (D.C. Cir. 1982) (agency search details required to sustain FOIA compliance)
- Steinberg v. U.S. Dep't of Justice, 23 F.3d 548 (D.C. Cir. 1994) (detail in affidavits necessary to justify searches)
- Mead Data Cent., Inc. v. U.S. Dep't of the Air Force, 566 F.2d 242 (D.C. Cir. 1977) (detailed justification correlating with withheld portions required)
- Wilderness Society v. U.S. Dep't of the Interior, 344 F. Supp. 2d 1 (D.D.C. 2004) (reasonableness of search must be demonstrated by agency declarations)
- Safe Card Servs., Inc. v. SEC, 926 F.2d 1197 (D.C. Cir. 1991) (presumption of good faith afforded to agency declarations)