White v. Department of Justice
952 F. Supp. 2d 213
D.D.C.2013Background
- White, proceeding pro se, requests all records pertaining to himself under FOIA from DOJ on Jan 16, 2010; request routed to Criminal Division for processing with-specific search terms.
- Criminal Division searches by ACTS and CRM-001 failed to locate responsive records for White.
- OCDETF referral of White’s portion led to EOUSA, which withheld 23 pages in full under various FOIA exemptions and Privacy Act (U)(2).
- OCDETF referral was processed by EOUSA; EOUSA did not perform its own search absent a direct request.
- Court previously denied a motion to dismiss or for summary judgment and ordered supplement of the record; defendant later renewed motion for summary judgment.
- Court grants defendant's Renewed Motion for Summary Judgment, finding the searches reasonable and the 23 pages properly withheld.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the DOJ search for records adequate? | White argues more records should have been located. | Defendant contends searches were reasonable and thorough. | Yes; court finds the search adequate. |
| Were the 23 EOUSA pages properly withheld under FOIA exemptions? | White challenges the withholding of the 23 pages. | EOUSA relied on exemptions, primarily 5 (attorney work-product) and 7. | Yes; exemptions justify withholding, with 5 sustaining full work-product protection. |
Key Cases Cited
- Military Audit Project v. Casey, 656 F.2d 724 (D.C. Cir. 1981) (agency affidavits suffice if detailed and plausible; rebuttal requires evidence of bad faith)
- SafeCard Servs., Inc. v. SEC, 926 F.2d 1197 (D.C. Cir. 1991) (presumption of good faith for agency declarations)
- Ground Saucer Watch, Inc. v. CIA, 692 F.2d 770 (D.C. Cir. 1981) (need for evidence to cast doubt on agency's good faith)
- Valencia-Lucena v. United States Coast Guard, 180 F.3d 321 (D.C. Cir. 1999) (reasonableness standard for FOIA search and duties)
- Iturralde v. Comptroller of Currency, 315 F.3d 311 (D.C. Cir. 2003) (adequacy of search evaluated by reasonableness of methods used)
- Martin v. DOJ, 488 F.3d 446 (D.C. Cir. 2007) (addressing work-product and exemptions; if fully protected, segregability not required)
- Dipietro v. EOUSA, 357 F. Supp. 2d 177 (D.D.C. 2004) (FOIA exemptions and agency referrals; deference to agency determinations)