Wright v. United States Department of Justice
121 F. Supp. 3d 171
D.D.C.2015Background
- Wright, proceeding pro se, filed a FOIA suit against DOJ and OIP over a request for Title III authorization memoranda and related documents (Aug 31, 2013).
- DOJ responded by letter (Nov 18, 2013) stating responsive records, if any, were exempt by statute.
- Wright appealed to the DOJ’s FOIA office (Nov 26, 2013) and then filed suit (Feb 18, 2014).
- Criminal Division later conducted a search and processed records under FOIA, asserting exemptions apply.
- Defendants moved for summary judgment, asserting all responsive records are exempt or nonresponsive; court granted relief after analyzing searches, exemptions, and segregability.
- Court concluded searches were reasonable, exemptions (b)(3),(b)(5) applied to withhold memoranda and related materials, and no segregable non-exempt information existed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of the search | Wright questions search thoroughness | DOJ conducted searches of Title III tracking system and Enterprise Vault emails; no other systems required | Searches deemed reasonable under the circumstances |
| Exemption (b)(3) applicability | Authorization memoranda should be disclosed; exclusion not clearly mandated | Memoranda fall within Title III protection and are properly withheld | Exemption (b)(3) applicable; records properly withheld |
| Exemption (b)(5) applicability | Work-product/public interest grounds to disclose | Records prepared in anticipation of litigation; protected as attorney work product | Exemption (b)(5) valid; records properly withheld |
| Segregability | Some nonexempt material could be released | No segregable non-exempt information; Vaughn index and affidavits support withholding | Segregability satisfied; no non-exempt material releasable under the record |
Key Cases Cited
- Morley v. CIA, 508 F.3d 1108 (D.C. Cir. 2007) (reasonableness standard for searches in FOIA cases)
- Roth v. U.S. Dep’t of Justice, 642 F.3d 1161 (D.C. Cir. 2011) (requires disclosure of segregable nonexempt information; exemptions must be supported by record)
- Goland v. CIA, 607 F.2d 339 (D.C. Cir. 1978) (exemption analysis and need for statutory basis)
- Davis v. U.S. Dep’t of Justice, 968 F.2d 1276 (D.C. Cir. 1992) (public-domain/identity of identical information standard for exclusions)
- Coastal States Gas Corp. v. Dep’t of Energy, 617 F.2d 854 (D.C. Cir. 1980) (deliberative and work-product privilege context under Exemption 5)