Case Detail

FOIA Project Annotation: A federal court in New York has ruled that the CIA properly withheld records about the Manchester Manual, an al Qaeda training manual that law enforcement recovered from the home of an al Qaeda suspect in Manchester, England in 2000, and which the CIA later used in developing the 'enhanced interrogation techniques' it applied to certain detainees following the 9/11 attacks under Exemption 1 (national security) and Exemption 3 (other statutes), but that a memo pertaining to the enhanced interrogation technique is not protected by Exemption 5 (privileges), relying on the deliberative process privilege. Journalist Raymond Bonner submitted a FOIA request for use in preparing a documentary on the 20th anniversary of the 9/11 attacks. Bonner also requested expedited processing, which was denied. By the time Judge Jesse Furman ruled in the case, the only records remaining in dispute were three documents. The CIA withheld two documents using Exemptions 1 and 3. One document contained the Mitchell Report, a report written by Dr. James Mitchell and Dr. John Jessen that created the enhanced interrogation techniques to be used in interrogating al Qaeda terrorist suspects. The CIA also withheld a Classified Cable, containing references and quotations from open-source reporting on various topics related to global terrorism. Bonner argued that the Mitchell Report had been officially acknowledged. Furman disagreed, noting that "put simply, Bonner does not '[point] to specific information in the public domain that appears to duplicate that being withheld.'" Furman also found that the agency had shown that the Classified Cable met the foreseeable harm standard. He pointed out that "here, as the CIA explains, the classified nature of the intelligence report contained within the Classified Cabe Correspondence makes it impossible to describe its 'specific subject matter. . .on the public record without revealing exempt information.' In light of that explanation, and the Court's in camera inspection of the CIA's classified declaration containing 'more detailed information about the substance of [the Classified Able Correspondence],' the Court concludes that the CIA meets its burden of establishing that any reasonably segregable, non-classified portions of the Classified Cable Correspondence are [exempt]." The third document was a draft intelligence report of a terrorism open-source intelligence report prepared on a weekly basis. Even though the CIA relied on National Security Archive v. CIA, 752 F.3d 460 (D.C. Cir. 2014), for the proposition that a draft history "helps educate future agency decisionmakers" in the same way that the draft intelligence report might educate future recipients. However, Furman noted that "an agency's official history also 'constitutes the agency's "official statement" concerning the agency's prior actions' and 'makes recommendations for policy changes going forward" and is thus readily distinguishable from the collection of open-source reporting for general 'background use' by governmental personnel."
Issues: Exemption 1 - Harm to national security, Exemption 5 - Privileges

Date Filed	Doc #	Docket Text
2019-10-22	1	FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-17815857)Document filed by Raymond Bonner.(Schulz, David) Modified on 10/23/2019 (pne). (Entered: 10/22/2019)
2019-10-22	2	FILING ERROR - PDF ERROR - SIGNATURE ERROR - CIVIL COVER SHEET filed. (Schulz, David) Modified on 10/23/2019 (pne). (Entered: 10/22/2019)
2019-10-22	3	FILING ERROR - DEFICIENT SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to, re: 1 Complaint. Document filed by Raymond Bonner. (Schulz, David) Modified on 10/23/2019 (pne). (Entered: 10/22/2019)
2019-10-22	4	REQUEST FOR ISSUANCE OF SUMMONS as to Federal Bureau of Investigation, re: 1 Complaint. Document filed by Raymond Bonner. (Schulz, David) (Entered: 10/22/2019)
2019-10-23		CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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 . (pne) (Entered: 10/23/2019)
2019-10-23		Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (pne) (Entered: 10/23/2019)
2019-10-23		Case Designated ECF. (pne) (Entered: 10/23/2019)
2019-10-23		***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney David A. Schulz to RE-FILE Document No. 1 Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected; the party/parties whom the pleading is against were not selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. **DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS** (pne) (Entered: 10/23/2019)
2019-10-23		***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney David A. Schulz to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): the civil cover sheet was not signed; no courthouse selection was made on the civil cover sheet. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pne) (Entered: 10/23/2019)
2019-10-23		***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David A. Schulz to RE-FILE Document No. 3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the name of the party for whom the summons is being requested was not entered in the docket entry text. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne) (Entered: 10/23/2019)
2019-10-23	5	ELECTRONIC SUMMONS ISSUED as to Federal Bureau Of Investigation. (pne) (Entered: 10/23/2019)
2019-10-23		***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David A. Schulz. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question). The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant). (pne) (Entered: 10/23/2019)
2019-10-23	6	REQUEST FOR ISSUANCE OF SUMMONS as to Central Intelligence Agency, re: 1 Complaint,. Document filed by Raymond Bonner. (Schulz, David) (Entered: 10/23/2019)
2019-10-23	7	COMPLAINT against Central Intelligence Agency, Federal Bureau Of Investigation. Document filed by Raymond Bonner.(Schulz, David) (Entered: 10/23/2019)
2019-10-23	8	ORDER. It is hereby ORDERED that no later than two weeks from the date of this Order, the parties shall submit a joint letter - not to exceed two pages - indicating whether there is any need for discovery or an initial conference in this case. If there is no such need, the parties should include in their letter a proposed briefing schedule for any motions, including motions for summary judgment. Finally, it is ORDERED that within two business days of the date of this Order, Plaintiffs shall serve a copy of this Order on Defendant and file proof of such service on the docket. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/23/19) (yv) (Entered: 10/24/2019)
2019-10-24	9	ELECTRONIC SUMMONS ISSUED as to Central Intelligence Agency. (dnh) (Entered: 10/24/2019)
2019-10-24	10	CIVIL COVER SHEET filed. (Schulz, David) (Entered: 10/24/2019)
2019-10-25	11	AFFIDAVIT OF SERVICE of the Court's October 23, 2019, Order served on Central Intelligence Agency on 10/25/2019. Service was made by Mail. Document filed by Raymond Bonner. (Schulz, David) (Entered: 10/25/2019)
2019-10-25	12	AFFIDAVIT OF SERVICE of the Court's October 23, 2019, Order served on Federal Bureau of Investigation on 10/25/2019. Service was made by Mail. Document filed by Raymond Bonner. (Schulz, David) (Entered: 10/25/2019)
2019-10-29	13	SUMMONS RETURNED EXECUTED (FOIA CASE). Central Intelligence Agency served on 10/28/2019, answer due 11/27/2019. Service was made by Mail. Document filed by Raymond Bonner. (Attachments: # 1 Affidavit, # 2 Affidavit)(Schulz, David) (Entered: 10/29/2019)
2019-10-29	14	SUMMONS RETURNED EXECUTED (FOIA CASE). Federal Bureau Of Investigation served on 10/28/2019, answer due 11/27/2019. Service was made by Mail. Document filed by Raymond Bonner. (Attachments: # 1 Affidavit, # 2 Affidavit)(Schulz, David) (Entered: 10/29/2019)
2019-11-04	15	NOTICE OF APPEARANCE by Sarah Sheive Normand on behalf of Central Intelligence Agency, Federal Bureau Of Investigation. (Normand, Sarah) (Entered: 11/04/2019)
2019-11-04	16	LETTER MOTION for Extension of Time to File Joint Letter to the Court addressed to Judge Jesse M. Furman from AUSA Sarah S. Normand dated November 4, 2019. Document filed by Central Intelligence Agency, Federal Bureau Of Investigation.(Normand, Sarah) (Entered: 11/04/2019)
2019-11-05	17	ORDER granting 16 Letter Motion for Extension of Time to File. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 16. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/5/19) (yv) (Entered: 11/05/2019)
2019-11-13	18	JOINT LETTER addressed to Judge Jesse M. Furman from AUSA Sarah S. Normand dated November 13, 2019 re: Discovery and Initial Conference. Document filed by Central Intelligence Agency, Federal Bureau Of Investigation.(Normand, Sarah) (Entered: 11/13/2019)
2019-11-14	19	MEMO ENDORSEMENT on re: 18 Letter Discovery and Initial Conference filed by Federal Bureau Of Investigation, Central Intelligence Agency. ENDORSEMENT: Application GRANTED. By no later than January 13, 2020, the parties shall submit to the Court a status report, in which the parties should include a proposed briefing schedule for any motions. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/14/19) (yv) (Entered: 11/14/2019)
2019-11-26	20	NOTICE OF APPEARANCE by Christopher Kendrick Connolly on behalf of Central Intelligence Agency, Federal Bureau Of Investigation. (Connolly, Christopher) (Entered: 11/26/2019)
2019-11-27	21	ANSWER to 7 Complaint. Document filed by Central Intelligence Agency, Federal Bureau Of Investigation.(Normand, Sarah) (Entered: 11/27/2019)
2020-01-13	22	STATUS REPORT. Document filed by Central Intelligence Agency, Federal Bureau Of Investigation.(Connolly, Christopher) (Entered: 01/13/2020)
2020-03-02	23	STATUS REPORT. Document filed by Central Intelligence Agency, Federal Bureau Of Investigation..(Connolly, Christopher) (Entered: 03/02/2020)
2020-04-01	24	STATUS REPORT. Document filed by Central Intelligence Agency, Federal Bureau Of Investigation..(Connolly, Christopher) (Entered: 04/01/2020)
2020-04-02	25	MEMO ENDORSEMENT on: 24 STATUS REPORT. ENDORSEMENT: Application GRANTED. In light of the COVID-19 pandemic, this matter is hereby STAYED indefinitely. The parties shall submit a joint status letter by the first business day of each month advising as to whether the stay should be lifted. (Signed by Judge Jesse M. Furman on 4/2/2020) (jwh) (Entered: 04/02/2020)
2020-05-01	26	STATUS REPORT. Document filed by Central Intelligence Agency, Federal Bureau Of Investigation. (Attachments: # 1 Affidavit Declaration of David M. Hardy, dated Apr. 24, 2020).(Connolly, Christopher) (Entered: 05/01/2020)
2020-06-01	27	STATUS REPORT. Document filed by Central Intelligence Agency, Federal Bureau Of Investigation..(Connolly, Christopher) (Entered: 06/01/2020)
2020-07-01	28	STATUS REPORT. Document filed by Central Intelligence Agency, Federal Bureau Of Investigation..(Connolly, Christopher) (Entered: 07/01/2020)
2020-08-03	29	STATUS REPORT. Document filed by Central Intelligence Agency, Federal Bureau Of Investigation..(Connolly, Christopher) (Entered: 08/03/2020)
2020-09-01	30	STATUS REPORT. Document filed by Central Intelligence Agency, Federal Bureau Of Investigation..(Normand, Sarah) (Entered: 09/01/2020)
2020-11-02	31	STATUS REPORT. Document filed by Central Intelligence Agency, Federal Bureau Of Investigation..(Connolly, Christopher) (Entered: 11/02/2020)
2020-11-04	32	MEMO ENDORSEMENT on re: 31 Status Report filed by Federal Bureau Of Investigation, Central Intelligence Agency. ENDORSEMENT: The parties shall submit joint status letters on a bi-monthly basis (by the first business day of every other month), unless and until the Court orders otherwise. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/4/20) (yv) (Entered: 11/04/2020)
2021-01-04	33	STATUS REPORT. Document filed by Central Intelligence Agency, Federal Bureau Of Investigation..(Connolly, Christopher) (Entered: 01/04/2021)
2021-02-03	34	STATUS REPORT. Document filed by Central Intelligence Agency, Federal Bureau Of Investigation..(Connolly, Christopher) (Entered: 02/03/2021)
2021-02-04	35	MEMO ENDORSEMENT on re: 34 Status Report filed by Federal Bureau Of Investigation, Central Intelligence Agency. ENDORSEMENT: As a technical matter, this case has been stayed since April 2, 2020, due to COVID-19. See ECF No. 25. The parties' status reports, however, make plain that it is not being treated as stayed, and the Court sees no reason it should still be stayed. Accordingly, to the extent that it matters, the stay is hereby lifted. The parties shall submit another status report by March 5, 2021. In that report, they shall indicate (1) their views on the next steps in this litigation, including what the Court can or should do to resolve it; and (2) whether the Court should hold a conference to discuss next steps or anything else. The Clerk of Court is directed to update the docket to reflect that this case is no longer (formally) stayed. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/4/21) (yv) (Entered: 02/04/2021)
2021-03-05	36	STATUS REPORT. Document filed by Central Intelligence Agency, Federal Bureau Of Investigation..(Connolly, Christopher) (Entered: 03/05/2021)
2021-03-08	37	MEMO ENDORSEMENT on re: 36 Status Report filed by Federal Bureau Of Investigation, Central Intelligence Agency. ENDORSEMENT : As proposed, the parties shall submit another status report by April 5, 2021, in which they shall advise the Court on the status of this litigation and shall propose a briefing schedule for any anticipated summary judgment motion. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/8/21) (yv) (Entered: 03/08/2021)
2021-04-05	38	STATUS REPORT. Document filed by Central Intelligence Agency, Federal Bureau Of Investigation..(Connolly, Christopher) (Entered: 04/05/2021)
2021-04-06	39	MEMO ENDORSEMENT on re: 38 Status Report filed by Federal Bureau Of Investigation, Central Intelligence Agency. ENDORSEMENT: The Court adopts the parties' proposed briefing schedule and structure. SO ORDERED., ( Cross Motions due by 5/24/2021., Motions due by 4/30/2021., Responses due by 6/14/2021, Replies due by 6/25/2021.) (Signed by Judge Jesse M. Furman on 4/6/21) (yv) (Entered: 04/06/2021)
2021-04-30	40	MOTION for Summary Judgment . Document filed by Central Intelligence Agency..(Connolly, Christopher) (Entered: 04/30/2021)
2021-04-30	41	MEMORANDUM OF LAW in Support re: 40 MOTION for Summary Judgment . . Document filed by Central Intelligence Agency..(Connolly, Christopher) (Entered: 04/30/2021)
2021-04-30	42	DECLARATION of Vanna Blaine in Support re: 40 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency. (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, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K).(Connolly, Christopher) (Entered: 04/30/2021)
2021-05-24	43	CROSS MOTION for Summary Judgment . Document filed by Raymond Bonner. Responses due by 6/14/2021.(Schulz, David) (Entered: 05/24/2021)
2021-05-24	44	DECLARATION of Raymond Bonner in Support re: 43 CROSS MOTION for Summary Judgment ., 40 MOTION for Summary Judgment .. Document filed by Raymond Bonner. (Attachments: # 1 Exhibit Ex.1 Simmons Article, # 2 Exhibit Ex. 2 pt. 1 SSCI Report Excerpts, # 3 Exhibit Ex. 2 pt. 2 SSCI Report Excerpts, # 4 Exhibit Ex. 3 OPR Report Excerpts, # 5 Exhibit Ex. 4 M&J Memo Ver. 1, # 6 Exhibit Ex. 5 CIA 8/8/20 Email, # 7 Exhibit Ex. 6 CIA Communications, # 8 Exhibit Ex. 7 SASC Report Excerpts, # 9 Exhibit Ex. 8 pt. 1 Jessen Slides, # 10 Exhibit Ex. 8 pt. 2 Jessen Slides, # 11 Exhibit Ex. 9 OIG Report, # 12 Exhibit Ex. 10 Mitchell KSM Testimony Excerpts, # 13 Exhibit Ex. 11 CIA Memo RE Contractors/Debriefings, # 14 Exhibit Ex. 12 CIA Email RE Interrogation Support, # 15 Exhibit Ex. 13 OMS Report, # 16 Exhibit Ex. 14 PREAL Instructions, # 17 Exhibit Ex. 15 CIA Cable RE Increased Pressure, # 18 Exhibit Ex. 16 OLC Approval, # 19 Exhibit Ex. 17 CIA Cable RE AZ 2300 Hours, # 20 Exhibit Ex. 18 CIA Cable RE Next Phase, # 21 Exhibit Ex. 19 CIA Memo RE Where We Stand, # 22 Exhibit Ex. 20 CIA Cable RE Post-Isolation Phase, # 23 Exhibit Ex. 21 CIA Cable RE Interrogation Plan, # 24 Exhibit Ex. 22 Rizzo Salim Depo Excerpts, # 25 Exhibit Ex. 23 Morgan Salim Depo Excerpts, # 26 Exhibit Ex. 24 CIA Psych Assessment, # 27 Exhibit Ex. 25 CIA Memo RE AZ Facts, # 28 Exhibit Ex. 26 CIA-Mitchell Contract, # 29 Exhibit Ex. 27 CIA Cable RE Proposed Intels, # 30 Exhibit Ex. 28 CIA Cable RE SITREP AZ 0200 Hours, # 31 Exhibit Ex. 29 CIA Cable RE SITREP AZ 1500 Hours, # 32 Exhibit Ex. 30 CIA Cable RE Interrogation Phasee, # 33 Exhibit Ex. 31 CIA Cable RE Aggressive Interrogation Phase, # 34 Exhibit Ex. 32 CIA Comments, # 35 Exhibit Ex. 33 Tenet et al Article, # 36 Exhibit Ex. 34 SSCI Staff Reply).(Schulz, David) (Entered: 05/24/2021)
2021-05-24	45	MEMORANDUM OF LAW in Support re: 43 CROSS MOTION for Summary Judgment ., 40 MOTION for Summary Judgment . . Document filed by Raymond Bonner..(Schulz, David) (Entered: 05/24/2021)
2021-06-14	46	MEMORANDUM OF LAW in Opposition re: 43 CROSS MOTION for Summary Judgment . and in further support of the CIA's motion for summary judgment . Document filed by Central Intelligence Agency..(Connolly, Christopher) (Entered: 06/14/2021)
2021-06-14	47	DECLARATION of Vanna Blaine in Opposition re: 43 CROSS MOTION for Summary Judgment .. Document filed by Central Intelligence Agency. (Attachments: # 1 Exhibit A).(Connolly, Christopher) (Entered: 06/14/2021)
2021-06-14	48	NOTICE of lodging of classified document. Document filed by Central Intelligence Agency..(Connolly, Christopher) (Entered: 06/14/2021)
2021-06-23	49	ORDER:Counsel shall appear for a teleconference before the Court on June 29, 2021, at 4:00 p.m., which will be held remotely by teleconference in accordance with Rule 2(A) of the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. (Members of the public and press may also attend using the same dial-in information; they will not be allowed to speak during the conference.) As stated in Rule 2(C)(ii) of the Court's Emergency Individual Rules and Practices in Light of COVID-19, no later than 24 hours before the conference, the parties shall send a joint email to the Court with a list of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. More broadly, counsel should review and comply with the rules and guidance regarding teleconferences set forth in the Court's Emergency Individual Rules and Practices in Light of COVID-19. (Telephone Conference set for 6/29/2021 at 04:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 6/23/2021) (rro) (Entered: 06/23/2021)
2021-06-25	50	DECLARATION of Raymond Bonner in Support re: 43 CROSS MOTION for Summary Judgment .. Document filed by Raymond Bonner. (Attachments: # 1 Exhibit Ex. 35 Color-coded Composite Document, # 2 Exhibit Ex. 36 CIA Cable April 2002, # 3 Exhibit Ex. 37 CIA Cable April 22, 2002, # 4 Exhibit Ex. 38 CIA Cable April 27, 2002, # 5 Exhibit Ex. 39 Pt. 1 Additional SSCI Report Excerpts, # 6 Exhibit Ex. 39 Pt. 2 Additional SSCI Report Excerpts).(Schulz, David) (Entered: 06/25/2021)
2021-06-25	51	REPLY MEMORANDUM OF LAW in Support re: 43 CROSS MOTION for Summary Judgment . . Document filed by Raymond Bonner..(Schulz, David) (Entered: 06/25/2021)
2021-06-29		Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held via teleconference on 6/29/2021. David A. Schulz present for Plaintiff. Sarah Sheive Normand present for Defendants. Court reporter present. (ab) (Entered: 07/07/2021)
2021-07-02	52	LETTER addressed to Judge Jesse M. Furman from Counsel of Record dated July 2, 2021 re: Response to Court's inquiry. Document filed by Raymond Bonner..(Schulz, David) (Entered: 07/02/2021)
2021-07-28	53	OPINION AND ORDER re: 43 CROSS MOTION for Summary Judgment . filed by Raymond Bonner, 40 MOTION for Summary Judgment . filed by Central Intelligence Agency. The CIA's motion for summary judgment is GRANTED and Bonner's cross-motion for summary judgment is DENIED with respect to the Mitchell Report and the Classified Cable Correspondence. By contrast, the CIA's motion is DENIED and Bonner's cross-motion is GRANTED with respect to the Draft Intelligence Report, which the CIA shall disclose to Bonner within one week of the date of this Opinion and Order. The Clerk of Court is directed to terminate ECF Nos. 40 and 43; to enter judgment consistent with this Opinion and Order; and to close this case. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/28/21) (yv) Transmission to Orders and Judgments Clerk for processing. (Entered: 07/28/2021)
2021-07-28	54	CLERK'S JUDGMENT re: 53 Memorandum & Opinion in favor of Central Intelligence Agency, Federal Bureau Of Investigation, Raymond Bonner against Central Intelligence Agency, Federal Bureau Of Investigation, Raymond Bonner. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated July 28, 2021, the CIA's motion for summary judgment is GRANTED and Bonner's cross-motion for summary judgment is DENIED with respect to the Mitchell Report and the Classified Cable Correspondence. By contrast, the CIA's motion is DENIED and Bonner's cross-motion is GRANTED with respect to the Draft Intelligence Report, which the CIA shall disclose to Bonner within one week of the date of the Opinion and Order; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 7/28/2021) (Attachments: # 1 Right to Appeal) (km) (Entered: 07/28/2021)
2021-07-29	55	LETTER MOTION to Stay re: 53 Memorandum & Opinion,,, addressed to Judge Jesse M. Furman from AUSAs Christopher Connolly and Sarah S. Normand dated July 29, 2021. Document filed by Central Intelligence Agency..(Normand, Sarah) (Entered: 07/29/2021)
2021-07-29	56	ORDER granting 55 Letter Motion to Stay. The Court is skeptical of the Government's claim that it can present a substantial case on the merits. If the relevant "decision" for purposes of the deliberative process privilege were the decision of what to include in the final draft of a document, it would mean that every draft document was covered the privilege - which is decidedly not the law, as the Court explained in its Opinion and Order. Nevertheless, in view of Plaintiff's consent and the fact that any appeal would be mooted in the absence of a stay, the Court grants the requested stay - which is to say, it grants the CIA an extension until September 28, 2021, to produce the Draft Intelligence Report. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 07/29/2021)
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