Circuit rejects appellant's claims that "the redacted information does not qualify as 'sources or methods' under FOIA exemptions 1 and 3 because the government lacks the authority to classify information derived from the detainees personal observations and experiences" and that "indefinite detention cannot be a permissible justification for the classification of information.
Lastly, the D. Circuit finds unavailing appellant's contention that "the government cannot withhold the information under exemption 1 because public release of the information would not damage national security" and likewise rejects appellant's specific objection to the CIA's position "that the redacted information will harm national security because it could be used as propaganda by al Qaeda.
The Circuit concludes that "[e]ven ignoring the propaganda justification, the CIA's affidavits establish that public disclosure of the withheld information 'reasonably could be expected to result in damage to the national security,'" finding that "it is both plausible and logical that the disclosure of information regarding the capture, detention, and interrogation of detainees would degrade the CIA's ability to carry out its mission. Circuit concludes that the district court properly "held that the redacted information qualified as 'intelligence sources or methods' under exemptions 1 and 3'" because the CIA's affidavits "explained with sufficient detail why the withheld information qualifies as 'intelligence sources or methods' and adequately described the potential harm to national security that could result from the information's public disclosure" and there is "no evidence of bad faith by the government.
Adamowicz v. IRS , Nos. The Second Circuit concludes that the IRS's withholding of third party tax return information pursuant to Exemption 3 in conjunction with 26 U. The Circuit notes that "the Estate is not entitled to receive the return information of any third-party without appropriate authorization, which was lacking here.
USDA , No. As an initial matter, the Ninth Circuit notes that it "assume[s] without deciding" that "Section meets the requirements of Exemption 3" since the parties are not in dispute on this point. Second, the Ninth Circuit finds that the GPS coordinates requested by plaintiff "fall within the scope of Section 's prohibition on disclosure. The Ninth Circuit then applies the two-step analysis set forth by the Supreme Court in Landgraf to "determin[e] the applicability of legislation enacted after the acts that gave rise to the suit.
Fisheries, Inc. United States , No. The court also affirms the district court's determination that plaintiff is not entitled to "access to the documents the IRS provided to the Russian government," finding that the tax convention requires that "'[a]ny information received by a Contracting State shall be treated as confidential in the same manner as information obtained under the domestic laws of that State. Long v. Covington v. McLeod , No. July 16, Per curiam. The court grants defendant's motion for summary affirmance on the basis that the agency properly withheld grand jury material in its entirety pursuant to Exemption 3, and a co-defendant's proffer statement under Exemption 6.
The court finds that plaintiff has "failed to demonstrate that the contents of either [sets of documents] are in 'the public domain' and therefore are no longer secret. Houghton v. May 5, unpublished disposition per curiam. Pursuant to the NSA Act of , defendant "cannot be compelled to disclose information regarding [its] organization, functions, or activities. Batton v. Evers , No. The IRS cited the first of these statutes to withhold third party tax information.
However, "it is impossible to tell from the [IRS] declaration and the rest of the summary judgment record what information is contained within the 'case history notes and information from private sources' and whether, in whole or in part, the documents contain third party taxpayer information. The lower court "did not make any factual descriptions of the documents in this case or conduct an in camera review.
Nor does it logically follow that case history notes and information from private sources contain exclusively third party tax information, rather than segregable portions. Though the court "assume[s] that the IRS is telling the truth in its affidavits, its conclusory 'say so' does not, alone, carry its burden of establishing an exemption. Frontier Found. Office of the Dir. Defendants rely on these statutes to protect the names of telecommunications carriers because "[r]evealing the identity of carriers and their agents working for a carrier liability shield would allow foreign intelligence agents to determine contours of NSA intelligence operations, sources, and methods.
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In other words, knowledge of which firms were and were not lobbying for liability protection could lead to inferences regarding the firms that participate in the surveillance program. Lahr v. NTSB , No. June 22, Berzon, J. Upon in camera review of NSA's affidavit, the court determines that the affidavit establishes "that the program is used to analyze foreign weapons, and outlines specific reasons why release of the program, including the data inputs, would put the agency's sources and methods at risk.
Larson v. Dep't of State , No. May 8, Sentelle, C. Defendant CIA properly invoked Exemption 1 to withhold "four intelligence cables that report detailed descriptions of information obtained from a particular CIA source and provide general information about the source. Similarly, the court "easily conclude[s]" that the CIA properly utilized Exemption 3 as well for the withheld material, by means of the National Security Act, 50 U.
Defendant NSA also properly invoked Exemptions 1 and 3, providing sufficient details to justify nondisclosure, i. Georgacarakos v. FBI , No. Holding: Granting defendant's motion for summary judgment. The court concludes "[b]ased on defendant's submission… that the information withheld under Exemption 3, if disclosed, would 'tend to reveal some secret aspect of the grand jury's investigation.
Roman v. CIA , No. The court determines that 50 U. Immigration Justice Clinic of the Benjamin N. Cardozo Sch. Holding: Granting plaintiff's motion for summary judgment and ordering defendants to produce a "'three-page, unclassified document containing biographical data and information'" about plaintiff's client.
The court finds that 8 U. The document contains "biographical data and information about [plaintiff's client's] activities while in immigration detention. Since the document is "not a document that pertains to the issuance or refusal of a visa because there is no past or pending visa application," State cannot use Exemption 3 to withhold it. Fair Political Practices Comm'n v. USPS , No. Holding: Defendant's motion for summary judgment is denied; plaintiff's cross-motion for summary judgment is granted. The court concludes that 39 U. The court finds that the defendant "has not shown that the requested information is within the realm of what is considered to be commercial information; nor has it shown how the disclosure of the requested numerical information could potentially impair the relationship between USPS and its customers.
Argus Leader Media v.
Holding: Plaintiff's motion for a Vaughn index is denied; defendant's motion for summary judgment is granted. The court determines that the statutory language "is the type of language that, on its face, is indicative of a withholding statute. Skurow v. DHS , No. Holding: Granting defendants' motion for summary judgment; denying plaintiff's cross-motion for summary judgment and determining that plaintiff is not entitled to attorney's fees.
Waiver: The court holds that information was properly withheld under Exemption 3 pursuant to 49 U. Likewise, the court holds that defendants have not waived their right to invoke this exemption because plaintiff alleges that an unnamed CBP employee at an airport told him that he was on a watch list. The court determines "that there is nothing official about" an "alleged disclosure … by an unnamed CBP employee while plaintiff was stopped at an airport. Holding: Granting defendant's motion for summary judgment as to all but one document and granting plaintiff's cross-motion for summary judgment as to the one document and remanding for further agency review.
The court notes that "information about interrogation techniques pertains to 'intelligence methods or sources'" and thus falls within the ambit of both statutes. Although the CIA argues, and the plaintiff disputes, that the CIA has never confirmed or denied whether its methods were authorized, the court does not resolve this issue because information concerning unauthorized techniques may also be withheld. The court notes that "there is nothing in statute or case law that requires courts to treat information about unauthorized interrogation techniques differently from information about authorized techniques.
Holding: Denying defendants' motion for summary judgment. Holding: Granting, in part, defendants' motion for summary judgment on the basis that certain withholdings under Exemptions 1, 2, 3 and 7 E were proper and that plaintiff conceded other withholdings under Exemptions 2, 3, 6, 7 C , 7 D and 7 F , and that all reasonably segregable material was released; denying plaintiff's motion to strike portions of the declarations; and ordering CIA to conduct searches for responsive records in three different directorates which were not initially searched.
Moore v. Parole Commission's motions for summary judgment; and granting FBI and CIA's motions for summary judgment based on the adequacy of their searches and the CIA's assertion of the Glomar response in conjunction with Exemptions 1 and 3; and granting BOP and EOUSA's motions for summary judgment on the basis that plaintiff failed to exhaust his administrative remedies. The court holds that the CIA properly refused to confirm or deny "the existence of records [concerning plaintiff] 'that would reveal a classified connection to the CIA'" pursuant to Exemptions 1 and 3.
Hall v. Holding: Granting, in part, CIA's renewed motion for summary judgment on the basis that its searches for certain responsive records were adequate, that certain withholdings under Exemptions 1, 3, 5 and 6 were proper, and that it released all reasonably segregable material; ordering CIA to conduct searches for other records; concluding that CIA must take affirmative steps with respect to certain referred records; ordering release of certain information withheld under Exemption 6; determining DOD must further justify certain Exemption 3 withholdings; and denying plaintiffs' requests for discovery and for in camera review.
The court rejects plaintiffs' challenges to the CIA's Exemption 3 withholdings. The court also dismisses plaintiffs' argument that, for referred records, "the Department of Defense inappropriately invoked exemption 3 in relation to 10 U. Brown v. July10, Lamberth, J. Holding: Denying defendant's motion to dismiss; but granting defendant's motion for summary judgment on the basis that it conducted an adequate search, and properly withheld certain information pursuant to Exemptions 3, 7 C , 7 D and 7 E ; and denying plaintiff's motion for sanctions as well as his motion to supplement his motion for sanctions.
The court holds that the FBI properly asserted Exemption 3 in conjunction with Federal Rule of Civil Procedure 6 e to withhold "files that 'explicitly disclose matters occurring before a Federal Grand Jury. The court finds that "'Title III. Additionally, the court finds that the FBI also properly withheld "pen register information pursuant to 18 U.
July12, Jackson,J. Holding: Granting, in part, the State Department's motion for summary judgment on the basis that it properly asserted Exemption 3 to withhold two responsive transcripts in full; but ordering the agency to provide additional details with respect to its search. Department of State , the D. Circuit held that this statute "provides 'particular criteria' for withholding CPAC proceedings," i.
Segregability: The court then concludes that the transcripts were properly withheld in full where, as here, the State Department established that the proceedings were closed to the public under 19 U. The court finds that "[u]nder the withholding statute, once the President or his designee at State has determined that a CPAC proceeding is closed pursuant to section h , all materials 'involved in' such proceedings are exempt from FOIA.
Miller v. DOJ , No. July3, Lamberth, J. Holding: Concluding that plaintiff exhausted his administrative remedies with regard to fees assessed by the FBI; and granting defendant's renewed motion for summary judgment on the basis that it properly withheld certain information pursuant to Exemptions 1, 3, 5, 7 C , 7 D , 7 E and 7 F.
The court concludes that defendant properly asserted Exemption 3 in conjunction with Title III of the Omnibus Crime Control and Safe Streets Act of to withhold in full wiretap records which "pertained to 'the identities of the individuals targeted for interception' and 'the physical location of the electronic microphone surveillance, the participants of some of the intercepted conversations, and the summarized content of some of the intercepted conversations. McRae v. June27, Leon, J. Holding: Denying without prejudice defendants' motion for summary judgment on the basis that it failed to discuss EOUSA's search for responsive records or EOUSA's justification for withholding certain information under Exemption 7 C , and where it did not supply information sufficient to support ATF's claim of Exemption 7 D ; granting defendants' motion for summary judgment as to the adequacy of ATF's search and its claims of Exemptions 3, 7 C and 7 E.
The court holds that ATF properly invoked Exemption 3 in conjunction with the Consolidated Appropriations Act of , which prohibits disclosure of contents of the Firearms Trace System database or any information that is required to be kept by Federal Firearms Licensees pursuant to 18 U. Seife v.
Federal Government Acronym List
NIH , No. June 12, Gorenstein, Mag. Holding: Granting, in part, defendant's motion for summary judgment on the basis that it properly withheld certain information pursuant to Exemption 3; and granting, in part, plaintiff's motion for summary judgment with respect to certain financial and relationship information for which NIH asserted Exemption 6.
The court holds that NIH properly withheld information in the requested "recusal lists" pertaining to special government employees' personal finances and business and personal relationships under Exemption 3 in conjunction with the Ethics in Government Act EGA , 5 U.
The court finds that this statute "leaves no discretion to agencies as to whether they may reveal the contents of Form s. Rather, the court concludes that the fact that "NIH may have produced recusal lists by following procedures that plaintiff alleges to be improper does not change the character of the information at issue in this case. Additionally, the court determines that NIH also properly withheld indicators on "waiver determinations" taken from Form which show the financial interests that belong to the spouse or dependent child of an employee.
First, the court notes that 18 U. Ancient Coin Collectors Guild v. June11, Leon,J. Holding: Granting defendant's renewed motion for summary judgment on the basis that it properly asserted Exemption 3 for series of e-mails, and conducted a search that was reasonably calculated to uncover all responsive e-mail records. The court holds that defendant properly withheld the document consisting of an e-mail chain pursuant to Exemption 3 in conjunction with the Convention on Cultural Property Implementation Act, 19 U.
As a preliminary matter, the court notes that "[t]he parties agree that 19 U. Third, the court notes that the information "provided was related to issues scheduled to be discussed at an upcoming advisory committee meeting that was closed to the public. State properly withheld parts of the document under Exemption 3 b.
Citizens for Resp. June8, Leon,J. Holding: Granting defendant's motion for summary judgment on the basis that it properly withheld the requested materials categorically under Exemptions 6 and 7 C , as well as Exemptions 2, 3, 7 D , and 7 E. The court finds that the FBI properly asserted Exemption 3 in conjunction with Federal Rule of Criminal Procedure 6 e to withhold "'information contained in FDs that identif[y] specific records that may be subpoenaed by a Federal Grand Jury, names of potential grand jury witnesses and interview statements pertaining to proffer agreements and immunity statements, which could be used as evidence before a Federal Grand Jury.
Times Co. May17, Pauley,J. Holding: Granting defendant's motion for summary judgment on the basis that it properly asserted Exemptions 1 and 3 to withhold a classified report; and declining to find bad faith where the court's in camera inspection bears out defendants' exemption claims; and concluding that no portions of the report are reasonably segregable.
In addition to Exemption 1, the court finds that the requested report was also properly withheld under Exemption 3 in conjunction with the National Security Act of , as amended. Based on its in camera review, the court concludes that "disclosing the Report would reveal and potentially compromise intelligence sources and methods. Bloomer v. May3, Reiss, J.
At the outset, the court finds that "[t]he Bank Secrecy Act is properly within the bounds of Exemption 3 because it 'mandates the withholding in such a manner as to leave no discretion on the issue to the agency. Roberts v. Holding: Granting FBI's motion for summary judgment on the basis that it conducted an adequate search, justified its withholdings under Exemptions 3 and 7 C , and produced all reasonably segregable non-exempt information. NSA , Nos. Holding: Granting summary judgment to the defendants based on the adequacy of their searches and the propriety of NSA's withholdings under Exemption 3, and the CIA's withholdings pursuant to Exemptions 3 and 5.
Exemption 3: The court concludes that the NSA properly withheld a contract proposal pursuant to Exemption 3 in conjunction with 10 U. Although the statute contains an exception that allows for the release of "'any proposal that is set forth or incorporated by reference in a contract entered into between the Department and the contractor that submitted the proposal," the court notes that "[t]he NSA's 'general practice' is not to set forth or incorporate by reference proposals submitted pursuant to a solicitation. Cunningham v. Holder , No. Holding: Dismissing a federal employee and the United States as parties to the action and substituting DOJ as the proper party defendant; granting EOUSA's motion for summary judgment on the basis that it conducted an adequate search and supported its claims of withholdings under Exemption 3, and concluding plaintiff failed to exhaust his administrative remedies for public records.
The court concludes that EOUSA properly withheld grand jury transcripts pursuant to Exemption 3 in conjunction with Federal Rule of Criminal Procedure 6 e , which "bars the disclosure of matters occurring before a grand jury. Audubon Soc'y of Portland v. Conservation Serv. Holding: Granting plaintiff's cross-motion for summary judgment finding that the withheld material did not fall within the asserted Exemption 3 statute; issuing a declaratory judgment that the U.
Natural Resources Conservation Service NRCS failed to make a timely determination on plaintiff's administrative appeal, a point which was conceded by defendant; dismissing plaintiff's Administrative Procedure Act claim as moot in light of the court's decision on the FOIA claims; and concluding plaintiff is entitled to reasonable attorney's fees and costs.
Schoenman v. Holding: Denying plaintiff's two motions to late file where he failed to establish "good cause" for the requested extensions and did not demonstrate that his failure to act within the specified times was the product of "excusable neglect" under Federal Rule of Civil Procedure 6 b 1 ; granting CIA's motion for summary judgment on the basis that its withholdings pursuant to Exemptions 1 and 3 were proper; denying plaintiff's cross-motion for summary judgment; and entering final judgment marking the end of the case.
The court finds that the CIA properly invoked Exemption 3 in conjunction with the Central Intelligence Agency Act of , which protects from disclosure "the organization, functions, names, official titles, salaries, or numbers of personnel employed by the [CIA]," to withhold "information about its foreign intelligence collection activities, the names of its employees, personal identifiers, official titles, file numbers, and internal organizational data.
ODNI , No. Holding: Concluding that defendants have failed to justify the majority of their withholdings made pursuant to Exemptions 1, 3, and 7 E ; denying plaintiff's motion to strike defendants' submission of classified declarations; granting, in part and denying in part, plaintiff's motion for an in camera review, and ordering defendants to submit for in camera review Vaughn indices and, if necessary, supplementary Vaughn affidavits; and deferring ruling on the parties cross-motions for summary judgment pending submission of supplemental materials. Although the "[p]laintiff's do not dispute that Section i of the National Security Act [relied upon by ODNI] constitutes an exemption statute" under the FOIA, the court finds NSA's declaration "insufficient" where it merely "recites the language of the statute" by "offer[ing] a single sentence, which asserts that '[t]he information in these documents.
In contrast, the court notes that "plaintiffs here specifically disclaim any request for the content of FAA surveillance applications or the identities of FAA surveillance targets," but rather, seek "statistics that would reflect the exercise of FAA authority beyond the bounds of the authorizing statute. Callaway v.
Dep't of the Treasury , No. Holding: Granting, in part, defendants' renewed motion for summary judgment and concluding that there remains no factual dispute regarding the content of audio tapes produced to plaintiff, determining that the grand jury testimony identified by plaintiff has not entered the public domain, and finding that Customs is not required to search for records maintained on microfiche; but, ordering defendants to submit additional information with respect to certain non-investigatory records responsive to plaintiff's request.
At the outset, the court notes that "[p]laintiff meets his initial burden by 'pointing to specific information in the public domain that appears to duplicate that being withheld'" where he proffered certain trial testimony. However, the court finds that plaintiff "cannot prevail simply by demonstrating that the same witnesses testified both before the grand jury and at trial and by providing the trial transcripts. Additionally, the court comments that it "is not obligated to conduct its own comparison of the transcripts in order to substantiate plaintiff's assertions.
Beltranena v. Holding: Granting defendant's renewed motion for summary judgment based on the adequacy of its search and its claims of exemption; denying plaintiff's requests for discovery, an in camera review, and attorneys' fees. The court holds that the State Department properly withheld certain consular records pursuant to Exemption 3 in connection with Section f of the Immigration and Nationality Act, which "forbids [defendant] from disclosing information pertaining to the issuance or refusal of Visas to the public.
Kellerhals v. Holding: Adopting magistrate's recommendation that the IRS properly withheld information pursuant to Exemptions 3, 5, 7 A , and 7 E ; but concluding that one document containing mainly factual data could be produced with appropriate redaction. Upon conducting an in camera review, the court adopts the magistrate's recommendation which found that the IRS properly invoked Exemption 3 in conjunction with 26 U.
The court also adopts the magistrate's finding that the IRS properly withheld "drafts of the working agreement between the United States and the Virgin Islands concerning the exchange of taxpayer information, requests for an exchanges[sic] of information, and requests made under the working agreement" under 26 U. Adionser v. Holding: Granting summary judgment in favor of defendants based on the adequacy of their searches and the propriety of their exemption claims. The court finds that EOUSA properly asserted Exemption 3 in conjunction with Federal Rule of Criminal Procedure 6 e to protect "'grand jury transcripts and attorney notes associated with a grand jury proceeding,' the release of which 'would reveal the scope of the grand jury and the direction of the investigation by providing the identities of the targets of the investigation, the source of the evidence, as well as the actual evidence produced before the grand jury.
Kortlander v. BLM , No. Holding: Upon conducting an in camera review, granting summary judgment to defendant based on its claims of exemption and the adequacy of its search. The court finds that Exemption 3 in conjunction with Federal Rule of Criminal Procedure 6 e was appropriate to withhold certain information contained in grand jury records. Holding: Granting summary judgment to the CIA on the basis that it properly refused to confirm or deny the existence of records responsive to the request in conjunction with Exemptions 1 and 3.
The court holds that the CIA properly refused to confirm or deny the existence of responsive records pursuant to Exemption 3 in conjunction with Central Intelligence Agency Act of , which protects from disclosure "the organization, functions, names, official titles, salaries, or numbers of personnel employed," and the National Security Act of NSA , which protects from disclosure "intelligence sources and methods.
The court also rejects plaintiffs' argument that the withheld information is not "intelligence sources and methods" protected by the NSA because "a program that targets certain persons for death or incapacitation cannot be deemed a means of collecting intelligence, so that neither a source nor a method of intelligence gathering is implicated by the fact of whether CIA has responsive records. Sims "'has recognized the broad sweep of 'intelligence sources' warranting protection in the interest of national security.
McGehee v. Holding: Granting, in part, defendant's motion for summary judgment with respect to the adequacy of its search and its withholdings pursuant to Exemptions 3, 7 C , 7 D , and 7 E ; and denying, in part, defendant's motion with respect to the adequacy of its Vaughn Index. The court finds that the FBI properly asserted Exemption 3 in conjunction with Federal Rule of Civil Procedure 6 e to protect the "'Federal Grand Jury subpoenas, as well as the names and identifying information of individuals subpoenaed to testify before the Federal Grand Jury and information that identifies specific records subpoenaed by the Federal Grand Jury'" because this information "plainly implicated 'the identities of witnesses or jurors, the substance of testimony, the strategy or direction of the investigation, the deliberations or questions of jurors, and the like.
With respect to the CIA's assertion of the National Security Act of and the Central Intelligence Act of , the court finds that, as a threshold matter, "[t]here is no question that both statutes cited by Defendant are 'precisely the type of statutes comprehended by exemption 3. Holding: Granting defendant's motion for summary judgment on the basis that it properly refused to disclose taxpayer information pursuant to Exemption 3. The court holds that SSA properly refused to disclose a list of employers who received "no-match" letters pursuant to Exemption 3 in conjunction with Section of the Internal Revenue Code, which prohibits release of tax return information.
July 8, Leon,J.
Federal Government Acronym List
Holding: Granting NSA's motion for summary judgment on the basis that it properly refused to confirm or deny the existence of records pursuant to Exemption 3; and denying plaintiff's cross-motion for summary judgment. The court holds the NSA properly refused to confirm or deny whether the agency had a relationship with Google pursuant to Exemption 3 in conjunction with Section 6 of the National Security Agency Act of , which "broadly prohibits the disclosure of information pertaining to the organization, function, or activities of the NSA. Cuban v. SEC , No.
July 1, Walton,J. Although the SEC has invoked Exemption 3 as a basis for non-disclosure for the first time in its motion for reconsideration, the court ultimately concludes that defendant has not waived its ability to assert the exemption at this stage, noting that "[t]he proceedings in this case are not yet complete" and plaintiff "had an opportunity to respond" to this newly raised argument. The court then holds that the SEC properly withheld two records that "were created by a financial institution and contain either a report or a record of reports" under Exemption 3 in conjunction with the Bank Secrecy Act, 31 U.
Surgick v. Cirella , No. June 29, Hillman,J. Holding: Denying IRS's motion to dismiss without prejudice. Some of these victims were Boeing employees and retirees. Click on the links below to find tips from Boeing to help you prevent this from happening to you -- and what to do if your information has been compromised. The Employee Assistance Program EAP is a confidential service designed to connect Boeing employees and their families with experienced counseling professionals for help with personal and family issues.
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