Case Detail

FOIA Project Annotation: Judge Rosemary Collyer has ruled that the Department of State conducted an adequate search for records concerning telephone and email conversations received by former Secretary of State Hillary Clinton at the time of the attack on the U.S. Consulate in Benghazi and that the agency properly withheld some of the responsive records under Exemption 1 (national security). Veterans for a Strong America requested the records and the State Department located 112 responsive records, releasing 25 in full and 85 in part, and withholding two in full. Veterans for a Strong America challenged the agency's search, contending that it had not located any records showing Clinton used a non-government device to receive or send calls, emphasizing that there were no records pertaining to contacts between Clinton and Phillippe Reines, her primary spokesperson related to a public statement that had been released at the time and that there was no indication of how and when Clinton was informed of the attacks. Collyer dismissed the claim that State did not search for telephone calls on non-government devices. She noted that "consistent with its obligations under the Federal Records Act, but not FOIA, State did the same thing regarding telephonic records that it did regarding emails that may have been retained by Secretary Clinton: it asked for them by letter. State obtained the Secretary's emails through this request. Plaintiffs offer no basis to require additional efforts to obtain telephonic records, about which they speculate, since State has no FOIA obligation to make that attempt." Collyer scoffed at the claims that Clinton had not explained when and how she was informed, pointing out that the transcript of her congressional testimony, in which she answered those questions, was available online. She indicated that "Plaintiffs' failure to find transcripts of Secretary Clinton's testimony discredits any suggestion that Plaintiffs have searched everywhere 'within the publicly-available record.'" She added that "as demonstrated by Secretary Clinton's testimony, communications occur in a variety of ways, not all of which can be found in government documents." Collyer found the agency's detailed explanations for its Exemption 1 claims provided a sufficient basis for showing that the agency had complied with the requirements of the Executive Order on Classification.
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2015-04-01	1	COMPLAINT against DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-4041858) filed by JOEL ARENDS, VETERANS FOR A STRONG AMERICA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Moss, Bradley) (Entered: 04/01/2015)
2015-04-01		Case Assigned to Judge Rosemary M. Collyer. (md, ) (Entered: 04/01/2015)
2015-04-01	2	SUMMONS (3) Issued Electronically as to DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent, # 2 Consent Form) (md, ) (Entered: 04/01/2015)
2015-04-01	3	NOTICE of Appearance by Mark S. Zaid on behalf of All Plaintiffs (Zaid, Mark) (Entered: 04/01/2015)
2015-04-30	4	NOTICE of Appearance by Robert J. Prince on behalf of DEPARTMENT OF STATE (Prince, Robert) (Entered: 04/30/2015)
2015-04-30	5	Unopposed MOTION for Extension of Time to File Answer by DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Prince, Robert) (Entered: 04/30/2015)
2015-04-30		MINUTE ORDER granting 5 Defendant's Unopposed Motion for Extension of Time. Defendant shall answer or otherwise respond to the Complaint no later than May 29, 2015. Signed by Judge Rosemary M. Collyer on April 30, 2015. (lcrmc1) (Entered: 04/30/2015)
2015-04-30		Set/Reset Deadlines/Hearings: Answer to complaint due by 5/29/2015. (cdw) (Entered: 05/01/2015)
2015-05-22	6	NOTICE of Related District Court Minute Order by JOEL ARENDS, VETERANS FOR A STRONG AMERICA (Attachments: # 1 Exhibit 1 (Docket Sheet))(Moss, Bradley) (Entered: 05/22/2015)
2015-05-29	7	ANSWER to Complaint by DEPARTMENT OF STATE.(Prince, Robert) (Entered: 05/29/2015)
2015-06-01		MINUTE ORDER. No later than June 15, 2015, the parties shall file a joint proposed briefing schedule. Signed by Judge Rosemary M. Collyer on June 1, 2015. (lcrmc1) (Entered: 06/01/2015)
2015-06-01		Set/Reset Deadlines/Hearings: Joint Proposed Briefing Schedule due by 6/15/2015. (cdw) (Entered: 06/02/2015)
2015-06-15	8	STATUS REPORT (JOINT) Regarding Schedule by DEPARTMENT OF STATE. (Prince, Robert) (Entered: 06/15/2015)
2015-06-16		MINUTE ORDER. In light of 8 the parties' Joint Status Report, the parties are directed to submit a joint status report and proposed production schedule no later than June 26, 2015. Signed by Judge Rosemary M. Collyer on June 16, 2015. (lcrmc1) (Entered: 06/16/2015)
2015-06-16		Set/Reset Deadlines/Hearings: Joint status report & proposed production schedule due by 6/26/2015. (cdw) (Entered: 06/16/2015)
2015-06-29	9	STATUS REPORT (JOINT) by DEPARTMENT OF STATE. (Prince, Robert) (Entered: 06/29/2015)
2015-06-30		MINUTE ORDER. The Court approves the proposed production schedule set forth in the parties' 9 Second Joint Status Report. Defendant shall produce the non-exempt portions of responsive documents that are subject to the FOIA in four rolling productions on August 7, 2015; September 18, 2015; October 30, 2015; and December 11, 2015. The parties shall submit a joint proposed schedule for further proceedings no later than December 31, 2015. Signed by Judge Rosemary M. Collyer on June 30, 2015. (lcrmc1) (Entered: 06/30/2015)
2015-09-02	10	NOTICE of Filing Motion for Designation of Coordinating Judge by U.S. DEPARTMENT OF STATE (Attachments: # 1 Motion for Designation of Coordinating Judge)(Prince, Robert) (Entered: 09/02/2015)
2015-09-04	11	NOTICE of Order Entered in Misc. No. 15-1188 by U.S. DEPARTMENT OF STATE (Attachments: # 1 Copy of Order)(Prince, Robert) (Entered: 09/04/2015)
2015-09-18	12	MOTION to Amend the Production Schedule by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Prince, Robert) (Entered: 09/18/2015)
2015-09-21	13	Memorandum in opposition to re 12 MOTION to Amend the Production Schedule filed by JOEL ARENDS, VETERANS FOR A STRONG AMERICA. (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 09/21/2015)
2015-09-21		MINUTE ORDER granting 12 Defendant's Motion to Amend the Production Schedule. Congress has different and more powerful ways to obtain information from the State Department than a FOIA plaintiff. Plaintiffs offer no evidence to support their suspicions. Defendant's production scheduled for September 18, 2015, is vacated. Defendant shall make its final production of the non-exempt portions of responsive documents that are subject to the FOIA on October 30, 2015, and the parties shall submit their joint proposed schedule for further proceedings no later than November 20, 2015. Signed by Judge Rosemary M. Collyer on September 21, 2015. (lcrmc1) (Entered: 09/21/2015)
2015-09-21		Set/Reset Deadlines/Hearings: Defendant's non-exempt portions of responsive documents due by 10/30/2015. Parties' joint proposed schedule due by 11/20/2015. (cdw) (Entered: 09/21/2015)
2015-11-20	14	Joint STATUS REPORT re Proposed Briefing Schedule by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 11/20/2015)
2015-11-23		MINUTE ORDER setting briefing schedule: Defendant's Motion for Summary Judgment due 2/12/2016; Plaintiff's Opposition due 3/14/2016, Defendant's Reply due 4/4/2016. Signed by Judge Rosemary M. Collyer on 11/23/2015. (KD) (Entered: 11/23/2015)
2015-11-23		Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 2/12/2016. Response to Motion for Summary Judgment due by 3/14/2016. Reply to Motion for Summary Judgment due by 4/4/2016. (cdw) (Entered: 11/23/2015)
2016-02-05	15	Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Prince, Robert) (Entered: 02/05/2016)
2016-02-08		MINUTE ORDER granting 15 consent Motion for Extension of Time. The briefing schedule is amended as follows: Defendant's Motion for Summary Judgment due 2/22/2016; Plaintiff's Opposition due 3/21/2016, Defendant's Reply due 4/11/2016. Signed by Judge Rosemary M. Collyer on 2/8/2016. (KD) (Entered: 02/08/2016)
2016-02-09		Set/Reset Deadlines: Summary Judgment motion due by 2/22/2016. Response to Motion for Summary Judgment due by 3/21/2016. Reply to Motion for Summary Judgment due by 4/11/2016. (zmm) (Entered: 02/09/2016)
2016-02-22	16	Unopposed MOTION for a One Day Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Prince, Robert) (Entered: 02/22/2016)
2016-02-22		MINUTE ORDER granting 16 unopposed motion for extension of time. Defendant shall file its motion for summary judgment no later than February 23, 2016. Signed by Judge Rosemary M. Collyer on 2/22/2016. (KD) (Entered: 02/22/2016)
2016-02-22		Set/Reset Deadlines: Summary Judgment motion due by 2/23/2016. (zmm) (Entered: 02/22/2016)
2016-02-23	17	MOTION for Summary Judgment by U.S. DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Declaration)(Prince, Robert) (Entered: 02/23/2016)
2016-03-16	18	Unopposed MOTION for Extension of Time to File Opposition to Defendant's Motion for Summary Judgment by JOEL ARENDS, VETERANS FOR A STRONG AMERICA (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 03/16/2016)
2016-03-17		MINUTE ORDER granting 18 Plaintiffs' unopposed Motion for Extension of Time. Plaintiffs shall file an opposition to 17 Defendant's motion for summary judgment by April 4, 2016, and Defendant may file a reply by April 25, 2016. Signed by Judge Rosemary M. Collyer on 3/17/2016. (KD) (Entered: 03/17/2016)
2016-03-17		Set/Reset Deadlines/Hearings: Response to Motion for Summary Judgment due by 4/4/2016. Reply to Motion for Summary Judgment due by 4/25/2016. (cdw) (Entered: 03/17/2016)
2016-04-04	19	Memorandum in opposition to re 17 MOTION for Summary Judgment filed by JOEL ARENDS, VETERANS FOR A STRONG AMERICA. (Attachments: # 1 Statement of Facts (Response), # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Text of Proposed Order)(Moss, Bradley) (Entered: 04/04/2016)
2016-04-25	20	REPLY to opposition to motion re 17 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF STATE. (Prince, Robert) (Entered: 04/25/2016)
2016-09-30	21	MEMORANDUM AND OPINION. Signed by Judge Rosemary M. Collyer on 9/30/2016. (lcrmc3) (Entered: 09/30/2016)
2016-09-30	22	ORDER granting 17 Defendant's Motion for Summary Judgment. Judgment is entered in favor of the Defendant. This case is closed. Signed by Judge Rosemary M. Collyer on 9/30/2016. (lcrmc3) (Entered: 09/30/2016)
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