Case Detail

FOIA Project Annotation: Judge Tanya Chutkan has ruled that the Department of Energy properly redacted information pertaining to Israel's nuclear capabilities under Exemption 7(E) (investigative methods and techniques) in response to a FOIA request from researcher Grant Smith while also upholding the State Department's claim under Exemption 1 (national security) for the same records. Smith, founder of the Institute for Research: Middle East Policy, requested WNP-136, a two-page document entitled "Guidance on Release of Information Relating to the Potential for Israeli Nuclear Capacity." The agency disclosed a redacted version, claiming Exemption 7(E) and indicating State advised DOE that some information was protected under Exemption 1 as well. Smith filed an administrative appeal with DOE, which was denied. Smith filed suit against both DOE and State. He then submitted a separate FOIA request to State, asking it to disclose the redactions made under Exemption 1. State told Smith that the redacted material was properly classified and indicated that he could file an administrative appeal. In court, State claimed that Smith's suit against it was barred because he failed to exhaust his administrative remedies. Chutkan agreed, noting that "here there is no question that Smith failed to exhaust his administrative remedies. Putting aside the fact that, at the time he sued the DOS, Smith had not filed a FOIA with the DOS, after DOS responded to his belated request, Smith did not file an appeal." Smith argued that DOE could not claim Exemption 1 because information about Israel's nuclear capabilities was already a matter of public knowledge. But Chutkan observed that "each of Smith's proffered official acknowledgements fails for the same reason: none of them are directly attributable to the DOE. The D.C. Circuit has made clear that courts in this district 'do not deem "official" a disclosure made by someone other than the agency from which the information is being sought.'" Chutkan also approved the agency's Exemption 7(E) claim. Noting that Smith's challenges were "grounded in speculation," she pointed out that "Smith has provided no factual basis for this court to find that WNP-136's purpose is anything but to provide guidance on classification. . ."
Issues: Exemption 7(E) - Unknown to public, Litigation - Jurisdiction - Failure to Exhaust

Date Filed	Doc #	Docket Text
2018-04-05	1	COMPLAINT against RICK PERRY, JOHN J. SULLIVAN, UNITED STATES OF AMERICA ( Filing fee $ 400, receipt number 4616090369) filed by GRANT F. SMITH. (Attachments: # 1 Civil Cover Sheet)(td) (Entered: 04/11/2018)
2018-04-05		SUMMONS (4) Issued as to RICK PERRY, JOHN J. SULLIVAN, UNITED STATES OF AMERICA, U.S. Attorney and U.S. Attorney General (td) (Entered: 04/11/2018)
2018-04-05	2	NOTICE OF RELATED CASE by GRANT F. SMITH. Case related to Case No. 17cv1796 TSC. (td) Modified to correct related case no. on 4/23/2018 (td). (Entered: 04/11/2018)
2018-04-05	3	MOTION for CM/ECF Password by GRANT F. SMITH (td) (Entered: 04/11/2018)
2018-04-05	4	MOTION for Permission to use Post Office Box and Agent Address by GRANT F. SMITH (td) (Entered: 04/11/2018)
2018-04-12		MINUTE ORDER: Granting Plaintiff's 3 Motion for CM/ECF Password; Granting Plaintiff's 4 Motion to use P.O. Box address. Signed by Judge Tanya S. Chutkan on 4/12/18. (DJS) (Entered: 04/12/2018)
2018-04-19	5	NOTICE of Appearance by Sherri L. Morgan on behalf of RICK PERRY, JOHN J. SULLIVAN, UNITED STATES OF AMERICA (Morgan, Sherri) (Entered: 04/19/2018)
2018-04-25	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/10/2018. Answer due for ALL FEDERAL DEFENDANTS by 5/10/2018. (SMITH, GRANT) (Entered: 04/25/2018)
2018-04-25	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/10/2018. (SMITH, GRANT) (Entered: 04/25/2018)
2018-04-25	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. RICK PERRY served on 4/9/2018 (SMITH, GRANT) (Entered: 04/25/2018)
2018-04-25	9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOHN J. SULLIVAN served on 4/10/2018 (SMITH, GRANT) (Entered: 04/25/2018)
2018-05-03	10	First MOTION for Extension of Time to File Answer , First MOTION for Extension of Time to File Response/Reply by RICK PERRY, JOHN J. SULLIVAN, UNITED STATES OF AMERICA (Morgan, Sherri) (Entered: 05/03/2018)
2018-05-07		MINUTE ORDER: Granting 10 Defendants' Motion for Extension of Time to Answer. Defendants shall answer or otherwise respond to the complaint by June 11, 2018. Signed by Judge Tanya S. Chutkan on 5/7/18. (DJS) (Entered: 05/07/2018)
2018-05-07		Set/Reset Deadlines: Answer due by 6/11/2018. (tb) (Entered: 05/07/2018)
2018-06-11	11	MOTION for Briefing Schedule , Unopposed MOTION for Extension of Time to File Response/Reply by RICK PERRY, JOHN J. SULLIVAN, UNITED STATES OF AMERICA (Morgan, Sherri) (Entered: 06/11/2018)
2018-06-11	12	ANSWER to 1 Complaint by RICK PERRY, UNITED STATES OF AMERICA.(Morgan, Sherri) (Entered: 06/11/2018)
2018-06-11		ORDER denying without prejudice 11 Motion for Briefing Schedule. The parties shall submit a proposed briefing schedule that contains actual due dates. Signed by Judge Tanya S. Chutkan on 6/11/18. (DJS) (Entered: 06/11/2018)
2018-06-11	13	Unopposed MOTION for Extension of Time to File Response/Reply , MOTION for Briefing Schedule by RICK PERRY, JOHN J. SULLIVAN, UNITED STATES OF AMERICA (Morgan, Sherri) (Entered: 06/11/2018)
2018-06-11		MINUTE ORDER: Granting 13 Unopposed Motion for Briefing Schedule. Defendants' Motion to Dismiss and/or Motion for Summary Judgment due July 26, 2018. Plaintiff's Response to dispositive motions due by August 16, 2018. Defendants' Reply due by September 6, 2018. Signed by Judge Tanya S. Chutkan on 6/11/18. (DJS) (Entered: 06/11/2018)
2018-06-12		Set/Reset Deadlines: Summary Judgment motion due by 7/26/2018. Response to Motion for Summary Judgment due by 8/16/2018. Reply to Motion for Summary Judgment due by 9/6/2018. (tb) (Entered: 06/12/2018)
2018-07-26	14	MOTION to Dismiss MOTION for Summary Judgment by RICK PERRY, JOHN J. SULLIVAN, UNITED STATES OF AMERICA (Attachments: # 1 Statement of Facts, # 2 Declaration and Exhibits for Dept of Energy, # 3 Declaration for Dept of State)(Morgan, Sherri) Modified event title on 8/7/2018 (znmw). (Entered: 07/26/2018)
2018-08-16	15	RESPONSE re 14 MOTION to Dismiss MOTION for Summary Judgment Cross Motion for Summary Judgement filed by GRANT F. SMITH. (Attachments: # 1 Statement of Facts Statement of Facts, # 2 Text of Proposed Order Text of Proposed Order)(SMITH, GRANT) (Entered: 08/16/2018)
2018-08-16	16	CROSS MOTION for Summary Judgment by GRANT F. SMITH. (See Docket Entry 15 to view document). (tth) (Entered: 08/17/2018)
2018-09-06	17	REPLY to opposition to motion re 14 MOTION to Dismiss MOTION for Summary Judgment , 16 MOTION for Summary Judgment filed by RICK PERRY, JOHN J. SULLIVAN, UNITED STATES OF AMERICA. (Attachments: # 1 Declaration, # 2 Exhibit A: 2018 FOIA Request, # 3 Exhibit B: DOS Response to 2018 FOIA Request, # 4 Statement of Facts Opposition to Plaintiff's Statement of Facts)(Morgan, Sherri) (Entered: 09/06/2018)
2018-09-06	18	RESPONSE 16 MOTION for Summary Judgment and filed by RICK PERRY, JOHN J. SULLIVAN, UNITED STATES OF AMERICA. (Attachments: # 1 Statement of Facts in Opposition to Plaintiff's Statement of Facts, # 2 Declaration, # 3 Exhibit A: 2018 FOIA Request, # 4 Exhibit B: DOS Response to 2018 FOIA Request)(Morgan, Sherri) Modified text on 9/7/2018 (ztd). (Entered: 09/06/2018)
2018-09-10	19	Amended Cross MOTION for Summary Judgment n by GRANT F. SMITH (SMITH, GRANT) Modified text and event on 9/11/2018 (ztd). (Entered: 09/10/2018)
2018-09-11	20	RESPONSE re 19 MOTION for Summary Judgment, 16 MOTION for Summary Judgment filed by RICK PERRY, JOHN J. SULLIVAN, UNITED STATES OF AMERICA. (Morgan, Sherri) (Entered: 09/11/2018)
2018-11-09	21	NOTICE OF SUBSTITUTION OF COUNSEL by Jeremy S. Simon on behalf of All Defendants Substituting for attorney Sherri L. Morgan (Simon, Jeremy) (Entered: 11/09/2018)
2019-09-30	22	MEMORANDUM OPINION regarding Defendants' motion 14 to dismiss, or in the alternative for summary judgment; Plaintiff's cross motion 16 for summary judgment; and Plaintiff's amended cross motion 19 for summary judgment. Signed by Judge Tanya S. Chutkan on 9/30/2019. (lctsc1) (Entered: 09/30/2019)
2019-09-30	23	ORDER granting DOS' motion 14 to dismiss and DOE's motion 14 for summary judgment; denying DOS' motion 14 for summary judgment as moot; denying Plaintiff's cross motion 16 for summary judgment and amended cross motion 19 for summary judgment; and directing the Clerk of the Court to close this case. Signed by Judge Tanya S. Chutkan on 9/30/2019. (lctsc1) (Entered: 09/30/2019)
Hide Docket Events