Case Detail

FOIA Project Annotation: Judge Richard Leon has ruled that the Department of the Navy properly redacted information from ten email chains concerning the burial of Osama bin Laden at sea under Exemption 1 (national security). Judicial Watch argued the information did not qualify for classification. Leon disagreed, noting that "the information redacted from [the documents] includes sensitive information about timing, personnel, procedures, and protocols. As such, disclosure could harm our national security by compromising military operational secrets that could be used to thwart future operations. There is also plausible reason to believe that disclosing the redacted information could harm our national security by inciting al-Qai'da members to retaliate against United States citizens and interests. In the past, al-Qai'da has attempted to recruit and incite violence by claiming that Osama bin Laden, its former leader and founder, did not receive an appropriate Islamic burial. Reasonably analogous disclosures, including an erroneous report by Newsweek that American soldiers had desecrated the Koran, have led to widespread violence and anti-American protests in the Middle East." Leon also found that the agency could withhold headings on the ten responsive documents that were added during processing of the request. He noted that "because these headings post-date the Navy's search for documents in response to plaintiff's FOIA request, they are by definition non-responsive." He added that "the headings are protected under the attorney work-product privilege of FOIA Exemption 5. . ."
Issues: Exemption 1 - Properly classified, Exemption 5 - Privileges - Attorney work-product privilege

Date Filed	Doc #	Docket Text
2012-07-18	1	COMPLAINT against DEPARTMENT OF THE NAVY ( Filing fee $ 350 receipt number 0090-3007604) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Orfanedes, Paul) (Entered: 07/18/2012)
2012-07-18	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Orfanedes, Paul) (Entered: 07/18/2012)
2012-07-18		Case Assigned to Judge Richard J. Leon. (kb) (Entered: 07/19/2012)
2012-07-19	3	NOTICE of Appearance by Christopher Alan Fedeli on behalf of JUDICIAL WATCH, INC. (Fedeli, Christopher) (Entered: 07/19/2012)
2012-07-19	4	ELECTRONIC SUMMONS (3) Issued as to DEPARTMENT OF THE NAVY, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Consent Form, # 2 Notice of Consent)(kb) (Entered: 07/19/2012)
2012-08-22	5	NOTICE of Appearance by Marcia Berman on behalf of DEPARTMENT OF THE NAVY (Berman, Marcia) (Entered: 08/22/2012)
2012-08-22	6	ANSWER to Complaint by DEPARTMENT OF THE NAVY.(Berman, Marcia) (Entered: 08/22/2012)
2012-08-22	7	STANDING ORDER. Signed by Judge Richard J. Leon on 8/22/12. (lcrjl2) (Entered: 08/22/2012)
2012-09-20	8	MEET AND CONFER STATEMENT. (Fedeli, Christopher) (Entered: 09/20/2012)
2012-09-27		MINUTE ORDER adopting 8 Joint Proposed Schedule. It is hereby ORDERED that the schedule set forth in the Joint Proposed Schedule is ADOPTED and shall govern this case. Signed by Judge Richard J. Leon on 9/27/12. (lcrjl2) (Entered: 09/27/2012)
2012-12-07	9	Consent MOTION for Extension of Time to File Summary Judgment Motion by DEPARTMENT OF THE NAVY (Attachments: # 1 Text of Proposed Order)(Berman, Marcia) (Entered: 12/07/2012)
2012-12-11		MINUTE ORDER granting 9 Defendant's Consent Motion for Extension of Time. It is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the Defendant's motion for summary judgment be due on or before 1/18/13; that Plaintiff's combined opposition and cross-motion for summary judgment be due on or before 3/1/13; that Defendant's combined opposition/reply be due on or before 3/29/13; and that Plaintiff's reply be due on or before 4/19/13. Signed by Judge Richard J. Leon on 12/11/12. (lcrjl2) (Entered: 12/11/2012)
2012-12-11		Set/Reset Deadlines: Plaintiff's Opposition to the Motion for Summary Judgment and Cross Motion is due by 3/1/2013, Defendant's Reply in Support of the Motion for Summary Judgment and Opposition to the Cross Motion is due by 3/29/2013, Plaintiff's Reply to the Cross Motion is due by 4/19/2013. (jth) (Entered: 01/19/2013)
2013-01-18	10	MOTION for Summary Judgment , Statement of Material Facts by DEPARTMENT OF THE NAVY (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Berman, Marcia) (Entered: 01/18/2013)
2013-02-19	11	Consent MOTION to Stay Briefing Schedule by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Fedeli, Christopher) (Entered: 02/19/2013)
2013-02-26	12	ORDER granting 11 Motion to Temporary Stay of Briefing Schedule. Signed by Judge Richard J. Leon on 2/25/2013. (see order) (kc ) (Entered: 02/26/2013)
2013-06-07	13	Consent MOTION for Extension of Time to Submit Briefs by JUDICIAL WATCH, INC. (Attachments: # 1 Exhibit Proposed Order)(Fedeli, Christopher) (Entered: 06/07/2013)
2013-06-10		MINUTE ORDER granting 13 Motion for Extension of Briefing Schedule. It is hereby ORDERED that the motion is GRANTED and Plaintiff's combined opposition and cross-motion for summary judgment shall be due 7/11/13; defendant's opposition and reply shall be due 8/12/13; and plaintiff's reply shall be due 9/3/13. Signed by Judge Richard J. Leon on 6/10/13. (lcrjl2) Modified on 6/11/2013 (kc). (Entered: 06/10/2013)
2013-06-10		Set/Reset Deadlines: plaintiff's combined opposition and cross-motion for summary judgment due by 7/11/2013. defendant's opposition and reply due by 8/12/2013. plaintiff's reply due by 9/3/2013. (kc ) Modified on 6/11/2013 (kc ). (Entered: 06/10/2013)
2013-07-11	14	Cross MOTION for Summary Judgment , Memorandum, and Statement of Facts by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Fedeli, Christopher) (Entered: 07/11/2013)
2013-07-11	15	Memorandum in opposition to re 10 MOTION for Summary Judgment , Statement of Material Facts , and Response to Statement of Facts filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Fedeli, Christopher) (Entered: 07/11/2013)
2013-08-12	16	Memorandum in opposition to re 14 Cross MOTION for Summary Judgment , Memorandum, and Statement of Facts Def.'s Combined Opp. to Pl.'s Cross-Mot. for Summ. Judgment and Reply in Supp. of Def.'s Mot. for Summ. Judgment filed by DEPARTMENT OF THE NAVY. (Berman, Marcia) (Entered: 08/12/2013)
2013-08-12	17	REPLY to opposition to motion re 10 MOTION for Summary Judgment , Statement of Material Facts Def.'s Combined Opp. to Pl.'s Cross-Mot. for Summ. Judgment and Reply in Supp. of Def.'s Mot. for Summ. Judgment filed by DEPARTMENT OF THE NAVY. (Berman, Marcia) (Entered: 08/12/2013)
2013-08-30	18	REPLY to opposition to motion re 14 Cross MOTION for Summary Judgment , Memorandum, and Statement of Facts filed by JUDICIAL WATCH, INC.. (Fedeli, Christopher) (Entered: 08/30/2013)
2013-09-19	19	MEMORANDUM AND OPINION. Signed by Judge Richard J. Leon on 09/18/13. (tb, ) (Entered: 09/20/2013)
2013-09-19	20	ORDER: For the reasons set forth in the Memorandum Opinion entered today; it is hereby ordered that 10 Motion for Summary Judgment and 14 Motion for Summary Judgment are DENIED. It is further ordered that this case is DISMISSED with prejudice. Signed by Judge Richard J. Leon on 09/18/13. (tb, ) (Entered: 09/20/2013)
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