Case Detail

FOIA Project Annotation: A federal court in New York has ruled that the Secret Service properly withheld details concerning its air transportation costs for providing protection to Donald Trump and Hillary Clinton during the 2016 Presidential campaign under Exemption 7(E) (investigative methods and techniques) and Exemption 7(F) (harm to any person) in response to four requests from New York Times reporter Jeremy Merrill. The agency provided the total costs per trip, but redacted information disclosing the total number of passengers, the total number of Secret Service passengers, the total cost of each leg, and the cost per passenger on each flight. The New York Times argued that disclosure of staffing on 2016 flights was not predictive of staffing guidelines for the 2020 Presidential campaign nor staffing guidelines outside the campaign context and, as a result "would not divulge anything about the staffing of protective details on future flights." The court accepted an in camera affidavit filed by the agency, but indicated that "this opinion analyzes only the public declaration," adding that "the analysis of the in camera declaration is provided in an appendix to this opinion, which is filed under seal in the U.S. District Court for the Southern District of New York." Judge Paul Crotty began by indicating that the term "guidelines" as used in Exemption 7(E) "provide guidance for future conduct. Guidelines cannot merely be a recitation of something that has already happened." The agency argued that disclosure of staffing information from the 2016 would allow adversaries to infer the staffing needs more generally. Crotty pointed out that "the redacted information, when extrapolated, enable a person to predict the number of agents assigned to protective details in similar flight operations, and hence, the Service's protective means and methods. These protective means and methods are not merely a recitation of what has already happened; they provide guidance on the Service's future operations. They are exactly the type of 'guidelines' on resource allocation that Exemption 7(E) is designed to protect." He noted that "the redacted information would expose a portion of the Service's protective means and methods used under similar circumstances. After all, the number of agents assigned to protective details is one part of the Service's protective operational means and methods. It may not reveal the protective methods in their entirety. But Exemption 7(E) does not require that. As long as withheld information would reveal an aspect of a resource allocation scheme. . .Exemption 7(E) applies." Crotty then found the agency had shown a risk of circumvention of law if the information was disclosed. He explained that "the number of agents assigned to a 2016 campaign flight would enable an adversary to estimate the number of agents that would be staffed on future flights." In ACLU v. Dept of Defense, 543 F.3d 59 (2d Cir. 2008), the Second Circuit rejected the government's contention that Exemption 7(F) could be applied to all U.S. troops as well as Iraqi and Afghani citizens, but had recognized that the exemption could apply if a discrete group was sufficiently identified. Crotty found that standard had been met here to include certain government officials and Secret Service agents. He pointed out that "this risk of danger is reasonably specific to the Identified Group. . .Here, Secret Service protectees are high priority targets of organizations and foreign powers, as well as terrorist organizations." He noted that "accordingly, the Court finds that the Service has identified 'any individual' with reasonable specificity; and established that the disclosure of redacted information could reasonably be expected to endanger the Identified Group."
Issues: Exemption 7(E) - Investigative methods or techniques, Exemption 7(F) - Harm to safety of any person

Date Filed	Doc #	Docket Text
2017-03-15	1	COMPLAINT against United States Secret Service. (Filing Fee $ 400.00, Receipt Number 0208-13422119)Document filed by The New York Times Company, Jeremy Merrill.(McCraw, David) (Entered: 03/15/2017)
2017-03-15	2	CIVIL COVER SHEET filed. (McCraw, David) (Entered: 03/15/2017)
2017-03-15	3	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Grupo Finaciero Inbursa, S.A.B. de C.V. for The New York Times Company. Document filed by The New York Times Company.(McCraw, David) (Entered: 03/15/2017)
2017-03-15	4	REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Secret Service, re: 1 Complaint. Document filed by Jeremy Merrill, The New York Times Company. (McCraw, David) (Entered: 03/15/2017)
2017-03-15	5	NOTICE OF APPEARANCE by Ian MacDougall on behalf of Jeremy Merrill, The New York Times Company. (MacDougall, Ian) (Entered: 03/15/2017)
2017-03-16		CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Crotty. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (laq) (Entered: 03/16/2017)
2017-03-16		Magistrate Judge Kevin Nathaniel Fox is so designated. (laq) (Entered: 03/16/2017)
2017-03-16		Case Designated ECF. (laq) (Entered: 03/16/2017)
2017-03-22	6	ELECTRONIC SUMMONS ISSUED as to U.S. Secret Service. (pc) (Entered: 03/22/2017)
2017-04-07	7	NOTICE OF APPEARANCE by Natasha Waglow Teleanu on behalf of U.S. Secret Service. (Teleanu, Natasha) (Entered: 04/07/2017)
2017-04-18	8	LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul A. Crotty from Natasha W. Teleanu dated 4/18/2017. Document filed by U.S. Secret Service.(Teleanu, Natasha) (Entered: 04/18/2017)
2017-04-19	9	ORDER granting 8 Letter Motion for Extension of Time to Answer. U.S. Secret Service answer due 5/1/2017. ENDORSEMENT: Request granted. SO ORDERED. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (Crotty, Paul) (Entered: 04/20/2017)
2017-05-01	10	ANSWER to 1 Complaint. Document filed by U.S. Secret Service.(Teleanu, Natasha) (Entered: 05/01/2017)
2017-05-05	11	ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/1/2017 at 04:00 PM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty. (Signed by Judge Paul A. Crotty on 5/5/2017) (Attachments: # 1 Exhibit)(dgo) (Entered: 05/05/2017)
2017-05-30	12	JOINT LETTER addressed to Judge Paul A. Crotty from Natasha W. Teleanu dated 5/30/2017 re: Initial Conference. Document filed by U.S. Secret Service.(Teleanu, Natasha) (Entered: 05/30/2017)
2017-05-31	13	MEMO ENDORSEMENT on re: 12 Letter requesting a pre-trial conference, filed by U.S. Secret Service. ENDORSEMENT: There is no need for a pretrial conference. The Court adopts the schedule proposed in paragraph 5 for the filing of cross motions., (Cross Motions due by 7/28/2017., Motions due by 6/30/2017., Responses due by 8/11/2017, Replies due by 8/25/2017.) (Signed by Judge Paul A. Crotty on 5/31/17) (yv) Modified on 6/1/2017 (dgo). (Entered: 05/31/2017)
2017-06-30	14	MOTION for Summary Judgment . Document filed by U.S. Secret Service.(Teleanu, Natasha) (Entered: 06/30/2017)
2017-06-30	15	MEMORANDUM OF LAW in Support re: 14 MOTION for Summary Judgment . . Document filed by U.S. Secret Service. (Teleanu, Natasha) (Entered: 06/30/2017)
2017-06-30	16	DECLARATION of Robert P. Buster in Support re: 14 MOTION for Summary Judgment .. Document filed by U.S. Secret Service. (Teleanu, Natasha) (Entered: 06/30/2017)
2017-06-30	17	DECLARATION of Kim E. Campbell in Support re: 14 MOTION for Summary Judgment .. Document filed by U.S. Secret Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H (1 of 3), # 9 Exhibit H (2 of 3), # 10 Exhibit H (3 of 3), # 11 Exhibit I (1 of 2), # 12 Exhibit I (2 of 2), # 13 Exhibit J (1 of 17), # 14 Exhibit J (2 of 17), # 15 Exhibit J (3 of 17), # 16 Exhibit J (4 of 17), # 17 Exhibit J (5 of 17), # 18 Exhibit J (6 of 17), # 19 Exhibit J (7 of 17), # 20 Exhibit J (8 of 17), # 21 Exhibit J (9 of 17), # 22 Exhibit J (10 of 17), # 23 Exhibit J (11 of 17), # 24 Exhibit J (12 of 17), # 25 Exhibit J (13 of 17), # 26 Exhibit J (14 of 17), # 27 Exhibit J (15 of 17), # 28 Exhibit J (16 of 17), # 29 Exhibit J (17 of 17), # 30 Exhibit K, # 31 Exhibit L)(Teleanu, Natasha) (Entered: 06/30/2017)
2017-07-28	18	CROSS MOTION for Summary Judgment . Document filed by Jeremy Merrill, The New York Times Company.(McCraw, David) (Entered: 07/28/2017)
2017-07-28	19	MEMORANDUM OF LAW in Support re: 18 CROSS MOTION for Summary Judgment . . Document filed by Jeremy Merrill, The New York Times Company. (McCraw, David) (Entered: 07/28/2017)
2017-07-28	20	DECLARATION of David E. McCraw in Support re: 18 CROSS MOTION for Summary Judgment .. Document filed by Jeremy Merrill, The New York Times Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(McCraw, David) (Entered: 07/28/2017)
2017-08-09	21	LETTER MOTION for Leave to File Declaration in camera and ex parte addressed to Judge Paul A. Crotty from Natasha W. Teleanu dated 8/9/2017. Document filed by U.S. Secret Service.(Teleanu, Natasha) (Entered: 08/09/2017)
2017-08-09	22	ORDER granting 21 Letter Motion for Leave to File Document. ENDORSEMENT: The request is granted. SO ORDERED. (Signed by Judge Paul A. Crotty on 8/9/2017) (dgo) (Entered: 08/09/2017)
2017-08-11	23	REPLY MEMORANDUM OF LAW in Support re: 14 MOTION for Summary Judgment . and Opposition to Plaintiffs' Cross-Motion for Summary Judgment . Document filed by U.S. Secret Service. (Teleanu, Natasha) (Entered: 08/11/2017)
2017-08-11	24	DECLARATION of Robert P. Buster in Support re: 14 MOTION for Summary Judgment .. Document filed by U.S. Secret Service. (Teleanu, Natasha) (Entered: 08/11/2017)
2017-08-11	25	NOTICE of Lodging of Ex Parte In Camera Declaration re: 14 MOTION for Summary Judgment .. Document filed by U.S. Secret Service. (Teleanu, Natasha) (Entered: 08/11/2017)
2017-08-25	26	REPLY MEMORANDUM OF LAW in Support re: 18 CROSS MOTION for Summary Judgment . . Document filed by Jeremy Merrill, The New York Times Company. (McCraw, David) (Entered: 08/25/2017)
2017-10-06	27	MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF COUNSEL, ENDORSEMENT: So Ordered. (Attorney Ian MacDougall terminated.) (Signed by Judge Paul A. Crotty on 10/6/17) (yv) (Entered: 10/06/2017)
2018-02-05	28	MEMORANDUM AND OPINION re: 18 CROSS MOTION for Summary Judgment . filed by The New York Times Company, Jeremy Merrill, 14 MOTION for Summary Judgment . filed by U.S. Secret Service. The Service's motion for summary judgment is GRANTED; NYT's cross-motion for summary judgment is DENIED; and NYT's request for attorneys' fees and costs is DENIED. The Clerk of the Court is directed to close all pending motions and terminate the action. So Ordered. (Signed by Judge Paul A. Crotty on 2/5/18) (yv) (Entered: 02/05/2018)
2018-02-05		Transmission to Judgments and Orders Clerk. Transmitted re: 28 Memorandum & Opinion, to the Judgments and Orders Clerk. (yv) (Entered: 02/05/2018)
2018-02-05	29	SEALED DOCUMENT placed in vault.(mps) (Entered: 02/05/2018)
2018-02-06	30	CLERK'S JUDGMENT re: 28 Opinion & Order. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated February 5, 2018, the Service's motion for summary judgment is granted; NYT's cross-motion for summary judgment is denied; and NYT's request for attorneys' fees and costs is denied; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 2/6/2018) (Attachments: # 1 Right to Appeal)(tro) (Entered: 02/06/2018)
2018-02-06	31	LETTER MOTION to Seal Document requesting entry of an order authorizing this Office to examine and make a copy of the sealed appendix addressed to Judge Paul A. Crotty from Natasha W. Teleanu dated 2/6/2018. Document filed by U.S. Secret Service.(Teleanu, Natasha) (Entered: 02/06/2018)
Hide Docket Events