Case Detail

FOIA Project Annotation: Judge Timothy Kelly has ruled that the Department of State properly invoked Exemption 5 (privileges) to redact documents concerning the alleged deletion or manipulation of video footage of a 2013 State Department press briefing at which then State Department spokesperson Jennifer Psaki implied to Fox News Reporter James Rosen that her predecessor had lied to Rosen about whether or not the Obama administration had secret bilateral talks with Iran in 2011. In 2016, Obama Deputy National Security Advisor reportedly admitted that the talks with Iran took place in 2011. Within weeks of that report, Rosen claimed the State Department had removed eight minutes of the 2013 press briefing including his exchange with Psaki. The American Center for Law and Justice asked for records concerning the deleted tape. The State Department disclosed 34 unredacted documents and 35 documents with redactions under Exemption 5, claiming the redactions were justified by the attorney-client privilege and the deliberative process privilege. Kelly found that emails concerning preparation for the press briefing were both predecisional and deliberative. Kelly pointed out that "State's assertion that these are recommendations, and not final decisions, is further confirmed by the fact that neither [Deputy Spokesperson Marie Harf] or Rhodes was clearly 'senior' to Psaki �" Harf was Psaki's subordinate in the [the Bureau of Public Affairs] and Rhodes worked in a separate executive branch entity." Several of State's redactions involved draft talking points for the press briefing. Finding they qualified for protection under the deliberative process privilege, Kelly noted that "the 'decision' in this instance is not a press briefing, or how to respond to a particular press inquiry, but rather the development of a set of talking points to address future press inquiries." He added that "the unredacted portions of the documents support this claim �" they show a back-and-forth discussion about how to revise these talking points. Also, the withheld material is predecisional in that there is no indication that the talking points were ultimately finalized, or even used." Kelly found that the State Department had failed to provide sufficient information to justify its claims on two emails �" one withheld under the deliberative process privilege and the other under the presidential communications privilege. He ordered State to supplement its affidavits to justify the two claims.
Issues: Exemption 5 - Privileges - Deliberative process privilege - Predecisional, Exemption 5 - Privileges - Deliberative process privilege - Deliberative

FOIA Project Annotation: Judge Timothy Kelly has ruled that the Department of State failed to justify its invocation of the presidential communications privilege under Exemption 5 (privileges) in resolving several issues remaining in litigation brought by the American Center for Law and Justice against the Department of State for records concerning a 2013 incident involving then-State Department spokesperson Jennifer Psaki about whether the Obama administration had lied about having secret talks with Iran in 2011 and whether Psaki's predecessor had lied to the press about whether those talks happened. In 2016, the reporter who had asked the question in 2013 apparently discovered that Psaki's exchange had been deleted from the online video of the briefing. The State Department withheld an email that had been sent to Psaki by National Security Council official Bernadette Meehan at the beginning of an email thread that involved Psaki, her deputy Marie Harf, and a reporter who had spoken to Meehan previously about an alleged 2012 secret meeting with Iran. State redacted Meehan's message to the group in her forwarding message, arguing the email was protected by the presidential communications privilege. Kelly found that even with State's supplemental affidavit, the agency had failed to show that the presidential communications privilege applied. He noted that "State seems to argue that because the meeting was convened within the National Security Council framework, it must have been called by an immediate White House advisor covered by the privilege." Kelly found that the fact that President Obama did not attend the meeting was relevant. He pointed out that "without any further explanation from State about how the meeting connected to his decisionmaking, it seems unlikely that the meeting would have been called to advise him on a matter that the participants resolved right then and there, without him. In addition, that the decision concerned how to address 'the administration's response to the press reports regarding U.S.-Iran talks' and 'how to communicate Iran-related policy to the public,' does not, on its own, suggest presidential decisionmaking." He noted that "to be sure, the Court accepts that press strategy can be a part of a diplomacy and presidential decisionmaking. But there is no indication that it was true in this case."
Issues: Exemption 5 - Privileges - Other privileges

Date Filed	Doc #	Docket Text
2016-06-28	1	COMPLAINT against UNITED STATES DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-4583826) filed by AMERICAN CENTER FOR LAW AND JUSTICE. (Attachments: # 1 Exhibit FOIA Request, # 2 Exhibit State Department FOIA Request Response)(May, Colby) (Entered: 06/28/2016)
2016-06-28	2	CIVIL COVER SHEET by AMERICAN CENTER FOR LAW AND JUSTICE filed by AMERICAN CENTER FOR LAW AND JUSTICE.(May, Colby) (Entered: 06/28/2016)
2016-06-28	3	REQUEST FOR SUMMONS TO ISSUE filed by AMERICAN CENTER FOR LAW AND JUSTICE.(May, Colby) (Entered: 06/28/2016)
2016-06-28	4	REQUEST FOR SUMMONS TO ISSUE filed by AMERICAN CENTER FOR LAW AND JUSTICE.(May, Colby) (Entered: 06/28/2016)
2016-06-28	5	REQUEST FOR SUMMONS TO ISSUE filed by AMERICAN CENTER FOR LAW AND JUSTICE.(May, Colby) (Entered: 06/28/2016)
2016-06-28	6	NOTICE of Appearance by Colby Mims May on behalf of AMERICAN CENTER FOR LAW AND JUSTICE (May, Colby) (Entered: 06/28/2016)
2016-06-28	7	NOTICE of Appearance by Colby Mims May on behalf of AMERICAN CENTER FOR LAW AND JUSTICE (May, Colby) (Entered: 06/28/2016)
2016-06-28	8	NOTICE of Appearance by Colby Mims May on behalf of AMERICAN CENTER FOR LAW AND JUSTICE (May, Colby) (Entered: 06/28/2016)
2016-06-28	9	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Benjamin Paul Sisney, :Firm- American Center For Law & Justice, :Address- 201 Maryland Avenue, NE, Washington, DC 20002. Phone No. - 202-546-8890. Fax No. - 202-546-9309 Filing fee $ 100, receipt number 0090-4583944. Fee Status: Fee Paid. by AMERICAN CENTER FOR LAW AND JUSTICE (May, Colby) (Entered: 06/28/2016)
2016-06-28	10	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Craig Littleton Parshall, :Firm- American Center For Law & Justice, :Address- 201 Maryland Avenue, NE, Washington, DC 20002. Phone No. - 202-546-8890. Fax No. - 202-546-9309 Filing fee $ 100, receipt number 0090-4583972. Fee Status: Fee Paid. by AMERICAN CENTER FOR LAW AND JUSTICE (May, Colby) (Entered: 06/28/2016)
2016-06-28	11	NOTICE of Appearance by Colby Mims May on behalf of AMERICAN CENTER FOR LAW AND JUSTICE (May, Colby) (Entered: 06/28/2016)
2016-06-28		Case Assigned to Judge Rudolph Contreras. (md) (Entered: 06/28/2016)
2016-06-29	12	SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Form)(sb) (Entered: 06/29/2016)
2016-07-05		MINUTE ORDER granting 9 10 Motions for Leave to Appear Pro Hac Vice : Pursuant to Local Civil Rule 83.2, it is hereby ORDERED that Benjamin Paul Sisney and Craig Littleton Parshall are admitted to represent Plaintiff pro hac vice in this case. SO ORDERED. Signed by Judge Rudolph Contreras on 7/5/2016. (lcrc3) (Entered: 07/05/2016)
2016-08-05	13	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/3/2016. Answer due for ALL FEDERAL DEFENDANTS by 9/2/2016. (May, Colby) (Entered: 08/05/2016)
2016-08-05	14	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/03/2016. (May, Colby) (Entered: 08/05/2016)
2016-08-05	15	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF STATE served on 8/3/2016 (May, Colby) (Entered: 08/05/2016)
2016-09-02	16	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN CENTER FOR LAW AND JUSTICE (Sekulow, Jay) (Entered: 09/02/2016)
2016-09-02	17	ANSWER to Complaint by UNITED STATES DEPARTMENT OF STATE.(Kishore, Deepthy) (Entered: 09/02/2016)
2016-09-12		MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and submit a proposed briefing schedule on or before September 27, 2016. SO ORDERED. Signed by Judge Rudolph Contreras on 9/12/2016. (lcrc3) (Entered: 09/12/2016)
2016-09-27	18	Joint STATUS REPORT and Plaintiff's Proposed Briefing Schedule by AMERICAN CENTER FOR LAW AND JUSTICE. (Sekulow, Jay) (Entered: 09/27/2016)
2016-09-28		MINUTE ORDER: Upon consideration of 18 the parties' Joint Status Report, it is hereby ORDERED that the parties shall meet, confer, and submit a joint status report on or before November 11, 2016. SO ORDERED. Signed by Judge Rudolph Contreras on 9/28/2016. (lcrc3) (Entered: 09/28/2016)
2016-09-29		Set/Reset Deadlines: Status Report due by 11/11/2016 (tj) (Entered: 09/29/2016)
2016-11-11	19	Joint STATUS REPORT by AMERICAN CENTER FOR LAW AND JUSTICE. (Sekulow, Jay) (Entered: 11/11/2016)
2016-11-14		MINUTE ORDER: Upon consideration of 19 the parties' Joint Status Report, it is hereby ORDERED that the parties shall meet, confer, and submit a joint status report on or before December 13, 2016. SO ORDERED. Signed by Judge Rudolph Contreras on 11/14/2016. (lcrc3) (Entered: 11/14/2016)
2016-12-13	20	Joint STATUS REPORT of the parties by AMERICAN CENTER FOR LAW AND JUSTICE. (Sekulow, Jay) (Entered: 12/13/2016)
2016-12-13		MINUTE ORDER: Upon consideration of 20 the parties' Joint Status Report, it is hereby ORDERED that the parties shall meet, confer, and submit a joint status report on or before January 18, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 12/13/2016. (lcrc3) (Entered: 12/13/2016)
2017-01-18	21	Joint STATUS REPORT by AMERICAN CENTER FOR LAW AND JUSTICE. (Sekulow, Jay) (Entered: 01/18/2017)
2017-01-18		MINUTE ORDER: Upon consideration of 21 the parties' Joint Status Report, it is hereby ORDERED that the parties shall meet, confer, and submit a joint status report on or before February 17, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 1/18/2017. (lcrc3) (Entered: 01/18/2017)
2017-02-17	22	Joint STATUS REPORT by AMERICAN CENTER FOR LAW AND JUSTICE. (Sekulow, Jay) (Entered: 02/17/2017)
2017-02-17		MINUTE ORDER: Upon consideration of 22 the parties' Joint Status Report, it is hereby ORDERED that the parties shall meet, confer, and submit a joint status report on or before April 14, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 2/17/2017. (lcrc3) (Entered: 02/17/2017)
2017-02-22		Set/Reset Deadlines: Status Report due by 4/14/2017 (tj) (Entered: 02/22/2017)
2017-04-12	23	NOTICE of Appearance by Abigail A. Southerland on behalf of AMERICAN CENTER FOR LAW AND JUSTICE (Southerland, Abigail) (Entered: 04/12/2017)
2017-04-14	24	Joint STATUS REPORT by AMERICAN CENTER FOR LAW AND JUSTICE. (Southerland, Abigail) (Entered: 04/14/2017)
2017-04-17		MINUTE ORDER: Upon consideration of 24 parties' joint status report, it is HEREBY ORDERED that Plaintiff shall provide Defendant with a complete, written list of objections concerning information withheld from Plaintiff on or before April 21, 2017; it is FURTHER ORDERED that the parties shall meet, confer, and submit a joint status report and proposed briefing schedule on or before April 28, 2017. (So Ordered Judge Rudolph Contreras on 4/17/2017).(lcrc3) (Entered: 04/17/2017)
2017-04-28	25	Joint STATUS REPORT by AMERICAN CENTER FOR LAW AND JUSTICE. (Southerland, Abigail) (Entered: 04/28/2017)
2017-05-01		MINUTE ORDER: Upon consideration of 25 the parties' Joint Status Report, it is hereby ORDERED that Defendant shall file its motion for summary judgment on or before May 26, 2017; Plaintiff shall file its combined opposition to Defendant's motion for summary judgment and any cross-motion for summary judgment, which shall not exceed sixty (60) pages, on or before June 23, 2017; Defendant shall file its combined reply in support of its motion for summary judgment and opposition to any cross-motion on or before July 21, 2017; and Plaintiff shall file its reply, if any, in support of its cross-motion for summary judgment on or before August 4, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 5/1/2017. (lcrc3) (Entered: 05/01/2017)
2017-05-03		Set/Reset Deadlines: Cross Motions due by 7/23/2017. Response to Cross Motions due by 7/21/2017. Reply to Cross Motions due by 8/4/2017. Summary Judgment motions due by 5/26/2017. Response to Motion for Summary Judgment due by 6/23/2017. Reply to Motion for Summary Judgment due by 7/21/2017. (tj) (Entered: 05/03/2017)
2017-05-26	26	MOTION for Summary Judgment and Memorandum of Points and Authorities in Support of Motion, and Statement of Material Facts by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Letter from Abigail A. Southerland (Exhibit A), # 2 Declaration of Eric F. Stein (Exhibit B), # 3 Vaughn Index (Exhibit C), # 4 Text of Proposed Order)(Kishore, Deepthy) (Entered: 05/26/2017)
2017-06-23	27	MOTION for Summary Judgment and Memorandum in Opposition to Defendant's Motion for Summary Judgment by AMERICAN CENTER FOR LAW AND JUSTICE (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(Southerland, Abigail) (Entered: 06/23/2017)
2017-06-23	28	Memorandum in opposition to re 26 MOTION for Summary Judgment filed by AMERICAN CENTER FOR LAW AND JUSTICE. (See Docket Entry 27 to view document). (znmw) (Entered: 06/26/2017)
2017-06-30	29	NOTICE OF SUBSTITUTION OF COUNSEL by Cesar A. Lopez-Morales on behalf of UNITED STATES DEPARTMENT OF STATE Substituting for attorney Deepthy Kishore (Lopez-Morales, Cesar) (Entered: 06/30/2017)
2017-07-11	30	Consent MOTION for Extension of Time to File Response/Reply and to Modify Briefing Schedule by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Lopez-Morales, Cesar) (Entered: 07/11/2017)
2017-07-11		MINUTE ORDER granting 30 Defendant's Consent Motion for Extension of Time. It is hereby ORDERED that Defendant shall file its combined reply in support of its motion for summary judgment and opposition to Plaintiff's cross-motion on or before August 4, 2017. It is FURTHER ORDERED that Plaintiff shall file its reply, if any, in support of its cross-motion on or before August 18, 2017. Signed by Judge Rudolph Contreras on 7/11/2017. (lcrc3) (Entered: 07/11/2017)
2017-08-04	31	Memorandum in opposition to re 27 MOTION for Summary Judgment and Memorandum in Opposition to Defendant's Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Declaration, # 2 Exhibit Letter of Discretionary Release, # 3 Exhibit Amended Vaughn Index, # 4 Exhibit Redacted Materials)(Lopez-Morales, Cesar) (Entered: 08/04/2017)
2017-08-04	32	REPLY to opposition to motion re 26 MOTION for Summary Judgment and Memorandum of Points and Authorities in Support of Motion, and Statement of Material Facts filed by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Declaration, # 2 Exhibit Letter of Discretionary Release, # 3 Exhibit Amended Vaughn Index, # 4 Exhibit Redacted Materials)(Lopez-Morales, Cesar) (Entered: 08/04/2017)
2017-08-18	33	REPLY to opposition to motion re 27 MOTION for Summary Judgment and Memorandum in Opposition to Defendant's Motion for Summary Judgment filed by AMERICAN CENTER FOR LAW AND JUSTICE. (Southerland, Abigail) (Entered: 08/18/2017)
2017-09-15		Case directly reassigned to Judge Timothy J. Kelly. Judge Rudolph Contreras is no longer assigned to the case. (ztnr) (Entered: 09/15/2017)
2018-09-10	34	MEMORANDUM OPINION AND ORDER granting in part and denying in part Defendant's 26 Motion for Summary Judgment and denying Plaintiff's 27 Cross Motion for Summary Judgment. Defendant's revised Vaughn submission, additional affidavits, and renewed motion for summary judgment due by October 22, 2018. Plaintiff's opposition to Defendant's renewed motion and renewed cross-motion for summary judgment due by November 19, 2018. Defendants opposition to Plaintiff's renewed cross-motion and reply in support of its renewed motion due by December 17, 2018. Plaintiff's reply in support of its renewed cross-motion due by December 31, 2018. See Opinion and Order for details. Signed by Judge Timothy J. Kelly on 9/10/2018. (inttjk2) (Entered: 09/10/2018)
2018-09-30	35	NOTICE of Change of Address by Cesar A. Lopez-Morales (Lopez-Morales, Cesar) (Entered: 09/30/2018)
2018-10-18	36	Consent MOTION for Extension of Time to File Renewed Motion for Summary Judgment and to Modify Briefing Schedule by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Lopez-Morales, Cesar) (Entered: 10/18/2018)
2018-10-18		MINUTE ORDER granting Defendant's 36 Consent Motion for Extension of Time. It is hereby ORDERED that Defendant shall file its renewed motion for summary judgment, revised Vaughn index, and/or additional affidavits by October 25, 2018; Plaintiff shall file its opposition to Defendant's renewed motion and its renewed cross-motion for summary judgment by November 22, 2018; Defendant shall file its opposition to Plaintiff's renewed cross-motion and reply in support of its renewed motion by December 20, 2018; and Plaintiff shall file its reply in support of its renewed cross-motion by January 3, 2019. Signed by Judge Timothy J. Kelly on 10/18/2018. (lctjk1) (Entered: 10/18/2018)
2018-10-25	37	Second MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support, # 2 Declaration Third Declaration of Eric F. Stein and Revised Vaughn Submission, # 3 Exhibit 1 - Letter to Plaintiff, # 4 Exhibit 2- Document C06206248, # 5 Exhibit 3- Document C06189797, # 6 Exhibit 4- Document C06190112, # 7 Text of Proposed Order)(Lopez-Morales, Cesar) (Entered: 10/25/2018)
2018-11-09	38	MOTION to Stay re 37 Second MOTION for Summary Judgment by AMERICAN CENTER FOR LAW AND JUSTICE (Attachments: # 1 Text of Proposed Order)(Southerland, Abigail) (Entered: 11/09/2018)
2018-11-19	39	Consent MOTION for Extension of Time to Submit Opposition to Defendant's Rnewed Motion for Summary Judgment and file Cross-Motion by AMERICAN CENTER FOR LAW AND JUSTICE (Attachments: # 1 Text of Proposed Order)(Southerland, Abigail) (Entered: 11/19/2018)
2018-11-19		MINUTE ORDER granting Plaintiff's 39 Consent Motion for Extension of Time. It is hereby ORDERED that Plaintiff shall file its opposition to Defendant's 37 Second Motion for Summary Judgment and renewed cross-motion for summary judgment within 14 days of the Court's decision on Plaintiff's 38 Motion to Stay, unless the Court decides to stay summary judgment proceedings. Signed by Judge Timothy J. Kelly on 11/19/2018. (lctjk1) (Entered: 11/19/2018)
2018-11-23	40	RESPONSE re 38 MOTION to Stay re 37 Second MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Lopez-Morales, Cesar) (Entered: 11/23/2018)
2018-11-30	41	REPLY to opposition to motion re 38 MOTION to Stay re 37 Second MOTION for Summary Judgment filed by AMERICAN CENTER FOR LAW AND JUSTICE. (Southerland, Abigail) (Entered: 11/30/2018)
2018-12-06		MINUTE ORDER denying Plaintiff's 38 Motion to Stay. Upon review of the parties' submissions (ECF Nos. 38, 40, 41), the Court concludes in its discretion that a stay pending a decision by the D.C. Circuit in American Center for Law and Justice v. U.S. Department of Justice, Case No. 18-5309, is not warranted. Signed by Judge Timothy J. Kelly on 12/6/2018. (lctjk1) (Entered: 12/06/2018)
2018-12-21	42	Cross MOTION for Summary Judgment and Memorandum in Opposition to Defendant's Renewed Motion for Summary Judgment by AMERICAN CENTER FOR LAW AND JUSTICE (Attachments: # 1 Text of Proposed Order)(Southerland, Abigail) (Entered: 12/21/2018)
2018-12-21	44	Memorandum in opposition to re 37 Second MOTION for Summary Judgment filed by AMERICAN CENTER FOR LAW AND JUSTICE. (See Docket Entry 42 to view document) (tth) (Entered: 01/02/2019)
2018-12-27	43	Consent MOTION to Stay Briefing Schedule Concerning Pending Renewed Cross-Motions for Summary Judgment In Light of Lapse of Appropriations by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Lopez-Morales, Cesar) (Entered: 12/27/2018)
2018-12-28		MINUTE ORDER granting Defendant's 43 Consent Motion to Stay. This case shall be stayed until further order of the Court. It is further ORDERED that, within three days after funding is restored for the Department of Justice, the parties shall file a joint status report with a proposed schedule for the parties' remaining briefs. Signed by Judge Timothy J. Kelly on 12/28/2018. (lctjk1) (Entered: 12/28/2018)
2019-01-28	45	Joint STATUS REPORT and Notice of Restoration of Appropriations by UNITED STATES DEPARTMENT OF STATE. (Lopez-Morales, Cesar) (Entered: 01/28/2019)
2019-01-29		MINUTE ORDER: In light of the parties' 45 Joint Status Report, it is hereby ORDERED that Defendant shall file its Opposition to Plaintiff's Cross-Motion for Summary Judgment and reply in Support of its Motion for Summary Judgment by February 27, 2019 and Plaintiff shall file its Reply in Support of its Motion for Summary Judgment by March 15, 2019. It is further ORDERED that the stay in this case is LIFTED. Signed by Judge Timothy J. Kelly on 1/29/2019. (lctjk1) (Entered: 01/29/2019)
2019-02-27	46	Memorandum in opposition to re 42 Cross MOTION for Summary Judgment and Memorandum in Opposition to Defendant's Renewed Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. (Lopez-Morales, Cesar) (Entered: 02/27/2019)
2019-02-27	47	REPLY to opposition to motion re 37 Second MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. (Lopez-Morales, Cesar) (Entered: 02/27/2019)
2019-03-15	48	REPLY to opposition to motion re 42 Cross MOTION for Summary Judgment and Memorandum in Opposition to Defendant's Renewed Motion for Summary Judgment filed by AMERICAN CENTER FOR LAW AND JUSTICE. (Southerland, Abigail) (Entered: 03/15/2019)
2019-07-25	49	NOTICE OF SUBSTITUTION OF COUNSEL by Jonathan D. Kossak on behalf of UNITED STATES DEPARTMENT OF STATE Substituting for attorney Cesar A. Lopez-Morales (Kossak, Jonathan) (Entered: 07/25/2019)
2021-02-19		MINUTE ORDER: Under FOIA, a court "may examine the contents of... agency records in camera." 5 U.S.C. § 552(a)(4)(B). It is up to the Court's "broad discretion" whether to order in camera inspection, and "[t]he ultimate criterion is simply this: Whether the district judge believes that in camera inspection is needed in order to make a responsible de novo determination on the claims of exemption." Carter v. U.S. Dep't of Commerce , 830 F.2d 388, 392 (D.C. Cir. 1987) (cleaned up). In the case of the document for which Defendant seeks to withhold portions under Exemption 5 through application of the presidential communications privilege, the Court concludes that in camera inspection is needed. Accordingly, it is hereby ORDERED that Defendant shall submit the document at issue to the Court for in camera review by March 12, 2021. It is further ORDERED that the parties shall appear on April 9, 2021, at 10:00 a.m. via teleconference for argument on Defendant's motion for summary judgment, particularly on the issue of whether the presidential communications privilege applies to the material at issue. The parties shall contact the Courtroom Deputy at (202) 354-3495 at least one business day in advance to make arrangements to participate. Signed by Judge Timothy J. Kelly on 2/19/2021. (lctjk1) (Entered: 02/19/2021)
2021-03-11	50	NOTICE of Delivery of Document for In Camera, Ex Parte Inspection by UNITED STATES DEPARTMENT OF STATE (Kossak, Jonathan) (Entered: 03/11/2021)
2021-04-09		Minute Entry for proceedings held before Judge Timothy J. Kelly: Telephonic Motion Hearing held on 4/9/2021 re Defendant's 37 Second MOTION for Summary Judgment. Oral argument heard and taken under advisement. (Court Reporter: Timothy Miller) (zkh) (Entered: 04/09/2021)
2021-04-12	51	TRANSCRIPT OF MOTION HEARING before Judge Timothy J. Kelly held on 4-9-21; Page Numbers: 1-61; Date of Issuance: 4-12-21; Court Reporter: Timothy R. Miller, Telephone Number (202) 354-3111. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. Aft er 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 5/3/2021. Redacted Transcript Deadline set for 5/13/2021. Release of Transcript Restriction set for 7/11/2021.(Miller, Timothy) (Entered: 04/12/2021)
2021-04-16	52	NOTICE of Publicly-Available Authority by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Kossak, Jonathan) (Entered: 04/16/2021)
2021-04-23	53	NOTICE of Plaintiff's Response and Objection to Defendant's Notice of Publicly-Available Authority by AMERICAN CENTER FOR LAW AND JUSTICE re 52 Notice (Other) (Sisney, Benjamin) (Entered: 04/23/2021)
2021-04-23	54	ORDER granting in part and denying in part Defendant's 37 Motion for Summary Judgment and Plaintiff's 42 Motion for Summary Judgment. See Order for details. Signed by Judge Timothy J. Kelly on 4/23/2021. (lctjk1) (Entered: 04/23/2021)
2021-04-23	55	MEMORANDUM OPINION in support of 54 Order granting in part and denying in part Defendant's 37 Motion for Summary Judgment and Plaintiff's 42 Motion for Summary Judgment. Signed by Judge Timothy J. Kelly on 4/23/2021. (lctjk1) (Entered: 04/23/2021)
Hide Docket Events