83 F. Supp. 3d 234
D.D.C.2015Background
- Tipograph, a New York attorney, FOIA-requested FBI records related to Marie Mason for 1962–2011.
- FBI initially withheld all responsive records under FOIA Exemption 7(A).
- After suit, FBI released some documents; remaining records are contested.
- Tipograph argued that 7(A) was not justified for the remaining records, and that Exemptions 5 and 7(D) also apply, plus a failure to conduct document-by-document review.
- Court found 7(A) adequately justified the withholding and did not address 5 or 7(D); it reminded the FBI to perform document-by-document reviews at the administrative level in the future.
- Court granted the government's summary judgment and denied Tipograph’s; no attorney’s fees awarded; an accompanying order would issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Exemption 7(A) justified for withholding the remaining records? | Tipograph argues 7(A) lacks a rational link to likely interference. | FBI Declarations articulate a rational link between records and interference. | Yes; 7(A) justified. |
| Whether the FBI violated the document-by-document review requirement and whether declaratory/injunctive relief is warranted? | FBI did not perform per-document review; seeks declaratory/injunction relief. | No widespread practice shown; 7(A) suffices; no relief warranted beyond reminder. | Court declined declaratory/injunction relief but reminded FBI to conduct admin-level reviews in the future. |
Key Cases Cited
- Bevis v. Dep't of State, 801 F.2d 1386 (D.C. Cir. 1986) (requires category-based, document-level justification for 7(A) withholding)
- Crooker v. Bureau of Alcohol, Tobacco & Firearms, 789 F.2d 64 (D.C. Cir. 1986) (eliminated blanket exemptions; must show rational link and perform document-level review)
- Robbins Tire & Rubber Co. v. NLRB, 437 U.S. 214 (U.S. 1978) (exemption analysis balancing public and governmental/private interests)