Case Detail

FOIA Project Annotation: A federal court in New York has ruled that the FBI properly claimed Exemption 7(A) (interference with ongoing investigation or proceeding), Exemption 7(C) (invasion of privacy concerning law enforcement records), and Exemption 1 (national security) for the remaining redactions made in Form 302s prepared as the result of its 18 interviews with Umar Farouk Abdulmutallab, who attempted to detonate a bomb concealed in his underwear during a flight from Amsterdam to Detroit in 2009. Abdulmutallab was sentenced to life in prison. In connection with Abdulmutallab's sentencing, the FBI provided Simon Perry, a professor of criminology at Hebrew University, with redacted copies of the 302s to allow him to prepare a 22-page report on the likelihood that Abdulmutallab would again attempt a martyrdom mission if released from prison. Perry's report was made public. New York Times reporter Scott Shane requested the 302s referenced in Perry's report. The FBI initially claimed the 302s were protected by Exemption 7(A). Shane appealed that decision to the Office of Information Policy, which remanded Shane's request for further processing. However, OIP subsequently upheld the FBI's claims under Exemptions 7(A), 7(C), and 1. Shane filed suit and the agency disclosed 45 heavily redacted pages. Judge Ronnie Abrams then held an in camera review, resulting in disclosure of 188 pages out of a total of 195 pages. This time, Abrams agreed with the FBI that its remaining redactions were appropriate. He noted that "the FBI has shown that it is reasonable to expect that the disclosure of such a 'mosaic' would enable suspects to more easily evade investigation. Particularly in light of the deference owed to government officials on matters related to national security, the Court concludes that the FBI has carried its burden of showing that the production of the remaining portions of the 302s could reasonably be expected to interfere in pending and anticipated law enforcement proceedings." Abrams upheld the agency's Exemption 7(C) claims as well. The Times emphasized the degree of public interest in this case. While Abrams agreed that there was a significant public interest, he pointed out that "here, however, the disclosure of the specific names or other identifying information of third parties mentioned in the withheld records would do little, if anything, to shed light on these activities." The Times claimed the Perry report and other public comments by President Barack Obama and Attorney General Eric Holder constituted a waiver of the exemptions as to the material in the 302s. However, Abrams indicated that he could not "conclude, that the information that remains withheld 'matches' or that it 'substantially overlaps' with the information that the government has publicly disclosed while 'add[ing] nothing to the risk.'" Abrams praised the determination of the Times in pursuing the litigation, noting that "the Times has demonstrated a tireless commitment to maximizing access to information that is, without doubt, of substantial public interest."
Issues: Exemption 7(A) - Interference with ongoing investigation

Date Filed	Doc #	Docket Text
2015-06-22	1	COMPLAINT against Federal Bureau Of Investigation. (Filing Fee $ 400.00, Receipt Number 0208-11063710)Document filed by The New York Times Company, Scott Shane.(Kutner, Jeremy) (Entered: 06/22/2015)
2015-06-22	2	CIVIL COVER SHEET filed. (Kutner, Jeremy) (Entered: 06/22/2015)
2015-06-22	3	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Scott Shane, The New York Times Company.(Kutner, Jeremy) (Entered: 06/22/2015)
2015-06-22	4	REQUEST FOR ISSUANCE OF SUMMONS as to Federal Bureau of Investigation, re: 1 Complaint. Document filed by Scott Shane, The New York Times Company. (Kutner, Jeremy) (Entered: 06/22/2015)
2015-06-22	5	REQUEST FOR ISSUANCE OF SUMMONS as to Loretta Lynch, re: 1 Complaint. Document filed by Scott Shane, The New York Times Company. (Kutner, Jeremy) (Entered: 06/22/2015)
2015-06-22	6	REQUEST FOR ISSUANCE OF SUMMONS as to Preet Bharara, re: 1 Complaint. Document filed by Scott Shane, The New York Times Company. (Kutner, Jeremy) (Entered: 06/22/2015)
2015-06-23		***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jeremy Alexander Kutner. The party information for the following party/parties has been modified: The New York Times Company, Federal Bureau Of Investigation. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; addresses and telephone numbers included. (rch) (Entered: 06/23/2015)
2015-06-23	7	ELECTRONIC SUMMONS ISSUED as to Federal Bureau Of Investigation. (rch) (Entered: 06/23/2015)
2015-06-23		CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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 . (rch) (Entered: 06/23/2015)
2015-06-23		Magistrate Judge Kevin Nathaniel Fox is so designated. (rch) (Entered: 06/23/2015)
2015-06-23		Case Designated ECF. (rch) (Entered: 06/23/2015)
2015-06-23		NOTICE OF CASE REASSIGNMENT to Judge Ronnie Abrams. Judge Valerie E. Caproni is no longer assigned to the case. (pgu) (Entered: 06/23/2015)
2015-06-29	8	ORDER AND NOTICE OF INITIAL CONFERENCE: Initial Conference set for 7/23/2015 at 11:00 AM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. (See Order.) (Signed by Judge Ronnie Abrams on 6/29/2015) (ajs) (Entered: 06/29/2015)
2015-07-13	9	LETTER MOTION to Adjourn Conference addressed to Judge Ronnie Abrams from Arastu K. Chaudhury dated July 13, 2015. Document filed by Federal Bureau Of Investigation.(Chaudhury, Arastu) (Entered: 07/13/2015)
2015-07-14	10	ORDER granting 9 Letter Motion to Adjourn Conference. Application granted. The conference is adjourned to July 24, 2015 at 3:00 p.m. SO ORDERED. Initial Conference set for 7/24/2015 at 03:00 PM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 7/14/2015) (ajs) (Entered: 07/14/2015)
2015-07-16	11	JOINT LETTER addressed to Judge Ronnie Abrams from David E. McCraw dated July 16, 2015 re: Initial Conference. Document filed by Scott Shane, The New York Times Company.(McCraw, David) (Entered: 07/16/2015)
2015-07-16	12	ANSWER to 1 Complaint. Document filed by Federal Bureau Of Investigation.(Chaudhury, Arastu) (Entered: 07/16/2015)
2015-07-24		Minute Entry for proceedings held before Judge Ronnie Abrams: Initial Pretrial Conference held on 7/24/2015. (arc) (Entered: 07/24/2015)
2015-07-24	13	ORDER: As discussed at today's conference, the following is hereby ORDERED: 1. The Government shall file its motion for summary judgment by September 22, 2015; 2. Plaintiffs shall file their cross-motion for summary judgment by October 22, 2015; 3. The Government shall file their opposition and reply by November 23, 2015; and 4. Plaintiffs shall file their reply by December 10, 2015. SO ORDERED. Motions due by 9/22/2015. Cross Motions due by 10/22/2015. Responses due by 11/23/2015 Replies due by 12/10/2015. (Signed by Judge Ronnie Abrams on 7/24/2015) (ajs) (Entered: 07/24/2015)
2015-08-10	14	NOTICE OF APPEARANCE by Caleb Hayes-Deats on behalf of Federal Bureau Of Investigation. (Hayes-Deats, Caleb) (Entered: 08/10/2015)
2015-09-17	15	LETTER MOTION for Extension of Time to file the Government's motion for summary judgment addressed to Judge Ronnie Abrams from Caleb Hayes-Deats dated September 17, 2015. Document filed by Federal Bureau Of Investigation. (Attachments: # 1 Text of Proposed Order)(Hayes-Deats, Caleb) (Entered: 09/17/2015)
2015-09-18	16	REVISED SCHEDULING ORDER granting 15 Letter Motion for Extension of Time. The following is hereby ORDERED: 1. The Government shall file its motion for summary judgment by October 2, 2015; 2. Plaintiffs shall file their cross-motion for summary judgment by October 30, 2015; 3. The remaining dates set forth in the Court's Order of July 24, 2015, shall remain unchanged. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/18/2015) (ajs) (Entered: 09/18/2015)
2015-09-18		Set/Reset Deadlines: Cross Motions due by 10/30/2015. Motions due by 10/2/2015. (ajs) (Entered: 09/18/2015)
2015-10-02	17	MOTION for Summary Judgment . Document filed by Federal Bureau Of Investigation.(Hayes-Deats, Caleb) (Entered: 10/02/2015)
2015-10-02	18	MEMORANDUM OF LAW in Support re: 17 MOTION for Summary Judgment . . Document filed by Federal Bureau Of Investigation. (Hayes-Deats, Caleb) (Entered: 10/02/2015)
2015-10-02	19	DECLARATION of David M. Hardy in Support re: 17 MOTION for Summary Judgment .. Document filed by Federal Bureau Of Investigation. (Attachments: # 1 Exhibit Part 1 of 3: Exhibits A through O, # 2 Exhibit Part 2 of 3: Exhibits A through O, # 3 Exhibit Part 3 of 3: Exhibits A through O)(Hayes-Deats, Caleb) (Entered: 10/02/2015)
2015-10-27	20	JOINT LETTER MOTION for Extension of Time addressed to Judge Ronnie Abrams from Arastu K. Chaudhury dated October 27, 2015. Document filed by Federal Bureau Of Investigation. (Attachments: # 1 Text of Proposed Order)(Chaudhury, Arastu) (Entered: 10/27/2015)
2015-10-29	21	REVISED SCHEDULING ORDER granting 20 Letter Motion for Extension of Time. IT IS HEREBY ORDERED that: 1. Plaintiffs shall file their opposition to the Government's motion for summary judgment and cross-motion for summary judgment by November 6, 2015; and 2. The remaining dates set forth in the Court's Order of July 24, 2015, shall remain unchanged. (Signed by Judge Ronnie Abrams on 10/29/2015) (kl) (Entered: 10/29/2015)
2015-10-29		Set/Reset Deadlines: Responses due by 11/6/2015 (kl) (Entered: 10/29/2015)
2015-11-05	22	NOTICE OF APPEARANCE by David Edward McCraw on behalf of Scott Shane, The New York Times Company. (McCraw, David) (Entered: 11/05/2015)
2015-11-06	23	MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment . Document filed by Scott Shane, The New York Times Company. Responses due by 11/23/2015(McCraw, David) (Entered: 11/06/2015)
2015-11-06	24	MEMORANDUM OF LAW in Support re: 23 MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment . . Document filed by Scott Shane, The New York Times Company. (McCraw, David) (Entered: 11/06/2015)
2015-11-06	25	DECLARATION of Scott Shane in Support re: 23 MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment .. Document filed by Scott Shane, The New York Times Company. (Attachments: # 1 Exhibits to Shane Declaration)(McCraw, David) (Entered: 11/06/2015)
2015-11-23	26	REPLY MEMORANDUM OF LAW in Support re: 17 MOTION for Summary Judgment . and in Opposition to Plaintiffs' Cross-Motion for Summary Judgment . Document filed by Federal Bureau Of Investigation. (Hayes-Deats, Caleb) (Entered: 11/23/2015)
2015-11-23	27	DECLARATION of David M. Hardy in Support re: 17 MOTION for Summary Judgment .. Document filed by Federal Bureau Of Investigation. (Attachments: # 1 Exhibit A)(Hayes-Deats, Caleb) (Entered: 11/23/2015)
2015-12-10	28	REPLY MEMORANDUM OF LAW in Support re: 23 MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment . . Document filed by Scott Shane, The New York Times Company. (Kutner, Jeremy) (Entered: 12/10/2015)
2015-12-10	29	LETTER addressed to Judge Ronnie Abrams from Caleb Hayes-Deats dated December 10, 2015 re: the parties' joint request for oral argument on their respective motions for summary judgment. Document filed by Federal Bureau Of Investigation.(Hayes-Deats, Caleb) (Entered: 12/10/2015)
2016-02-14	30	NOTICE of Withdrawal of Counsel. Document filed by Scott Shane, The New York Times Company. (McCraw, David) (Entered: 02/14/2016)
2016-02-16	31	MEMO ENDORSEMENT on re: 30 Notice (Other) filed by The New York Times Company, Scott Shane. ENDORSEMENT: Application granted. SO ORDERED. Attorney Jeremy Alexander Kutner terminated. (Signed by Judge Ronnie Abrams on 2/16/2016) (cf) (Entered: 02/16/2016)
2016-09-21	32	ORDER: A conference is hereby scheduled for September 29, 2016 at 4 p.m. to address the parties' cross-motions for summary judgment. ( Status Conference set for 9/29/2016 at 04:00 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 9/21/2016) (cf) (Entered: 09/21/2016)
2016-09-29		Minute Entry for proceedings held before Judge Ronnie Abrams: Status Conference held on 9/29/2016. (Court Reporter Ellen Simone) (arc) (Entered: 09/29/2016)
2016-09-29	33	ORDER: denying without prejudice 17 Motion for Summary Judgment; denying without prejudice 23 Motion for Summary Judgment. For the reasons stated at today's conference, the parties' cross-motions for summary judgment are denied without prejudice. The Federal Bureau of lnvestigation ("FBI") shall producethe Form 302s at issue to the Court for in camera inspection as soon as practicable, as well as any supporting materials to assist the Court's review. To the extent possible, any ex parte materials shall be redacted and placed on the public docket. The FBI shall also indicate by letter no later than October 14, 2016 (i) whether there have been any changes in their position since the submission of the Second Hardy Declaration on November 23, 2015, and (ii) whether there have been any subsequent public disclosures, through FOIA or otherwise, of the information contained in the 302s at issue. The Clerk of Court is respectfully directed to terminate the motions pending at docket entries 17 and 23. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/29/2016) (ama) (Entered: 09/29/2016)
2016-10-12	34	LETTER addressed to Judge Ronnie Abrams from David E. McCraw dated October 12, 2016 re: Supplementing the Record. Document filed by Scott Shane, The New York Times Company.(McCraw, David) (Entered: 10/12/2016)
2016-10-13	35	TRANSCRIPT of Proceedings re: CONFERENCE held on 9/29/2016 before Judge Ronnie Abrams. Court Reporter/Transcriber: Ellen Simone, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/7/2016. Redacted Transcript Deadline set for 11/17/2016. Release of Transcript Restriction set for 1/14/2017.(McGuirk, Kelly) (Entered: 10/13/2016)
2016-10-13	36	NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/29/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 10/13/2016)
2016-10-14	37	LETTER addressed to Judge Ronnie Abrams from Arastu K. Chaudhury dated October 14, 2016 re: the Court's questions in its September 29, 2016, Order. Document filed by Federal Bureau Of Investigation.(Chaudhury, Arastu) (Entered: 10/14/2016)
2016-10-14	38	NOTICE of Notice of Lodging of Classified Documents. Document filed by Federal Bureau Of Investigation. (Chaudhury, Arastu) (Entered: 10/14/2016)
2016-10-14	39	DECLARATION of Carl Ghattas (redacted) in Support re: 17 MOTION for Summary Judgment .. Document filed by Federal Bureau Of Investigation. (Chaudhury, Arastu) (Entered: 10/14/2016)
2016-12-14	40	ORDER: The government shall appear for an ex parte conference on December 21, 2016 at 3 p.m. to address questions regarding its ex parte submission. See Dkts. 38 & 39. (Status Conference set for 12/21/2016 at 03:00 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 12/14/2016) (cf) (Entered: 12/14/2016)
2016-12-22	41	ORDER: For the reasons articulated by the Court in its September 29, 2016 ruling and during yesterday's ex parte conference, the FBI is hereby ORDERED to conduct a segregability analysis and an additional review of the records withheld with the guidance provided by the Court yesterday in mind. It is further ORDERED that the FBI shall produce all segregable nonexempt information as soon as possible, on a rolling basis, and in any event no later than February 21, 2017. The FBI shall appear for another ex parte conference on February 27, 2017 at 10:00 a.m., at which time it must provide a line-by-line justification for why any information not disclosed is properly withheld pursuant to 5 U.S.C. § 552(b). To the extent the FBI intends to maintain the position that it need not produce any additional information, it shall so inform the Court no later than January 20, 2017, and shall appear for the ex parte conference (and line-by-line justification) on January 30, 2017 at 10:00 a.m. (Status Conference set for 2/27/2017 at 10:00 AM before Judge Ronnie Abrams., Status Conference set for 1/30/2017 at 10:00 AM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 12/22/2016) (cf) (Entered: 12/22/2016)
2017-01-06	42	NOTICE OF APPEARANCE by Ian MacDougall on behalf of Scott Shane, The New York Times Company. (MacDougall, Ian) (Entered: 01/06/2017)
2017-02-21	43	LETTER addressed to Judge Ronnie Abrams from Caleb Hayes-Deats dated February 21, 2017 re: the Court's Order of December 22, 2016. Document filed by Federal Bureau Of Investigation.(Hayes-Deats, Caleb) (Entered: 02/21/2017)
2017-02-22	44	LETTER addressed to Judge Ronnie Abrams from David E. McCraw dated February 22, 2017 re: Response in Opposition to ECF No. 43, the FBI's Letter Motion for Reconsideration of the Court's December 22, 2016 order (ECF No. 41). Document filed by Scott Shane, The New York Times Company.(McCraw, David) (Entered: 02/22/2017)
2017-02-27	45	ORDER: For the reasons articulated by the Court, both previously and at today's ex parte conference, the FBI is hereby ORDERED to conduct yet another segregability analysis and produce any additional segregable non-exempt information as soon as possible, on a rolling basis. It shall have until May 29, 2017 to make a final submission to the Court justifying the remaining redactions. (Signed by Judge Ronnie Abrams on 2/27/2017) (cf) (Entered: 02/27/2017)
2017-05-26	46	NOTICE of Filing of Classified Document. Document filed by Federal Bureau Of Investigation. (Chaudhury, Arastu) (Entered: 05/26/2017)
2017-05-31	47	LETTER addressed to Judge Ronnie Abrams from Arastu K. Chaudhury dated May 26, 2017 re: Questions posed by the Court during the ex parte conference and the Government's remaining redactions (REDACTED). Document filed by Federal Bureau Of Investigation.(Chaudhury, Arastu) (Entered: 05/31/2017)
2017-05-31	48	DECLARATION of Michael F. McPherson (REDACTED) in Support re: 17 MOTION for Summary Judgment .. Document filed by Federal Bureau Of Investigation. (Chaudhury, Arastu) (Entered: 05/31/2017)
2017-10-06	49	MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF COUNSEL. ENDORSEMENT: SO ORDERED. (Attorney Ian MacDougall terminated.) (Signed by Judge Ronnie Abrams on 10/6/2017) (ras) (Entered: 10/06/2017)
2017-11-07	52	OPINION & ORDER: Throughout this litigation, the Times has demonstrated a tireless commitment to maximizing access to information that is, without doubt, of substantial public interest. In evaluating the Times's claim, the Court has carefully inspected hundreds of documents and conducted two ex parte hearings with the FBI regarding its reasons for withholding the requested information. In the end, the FBI has made three productions of responsive material, substantially narrowing the pool of records it had initially withheld. The Court now concludes that all information responsive to the FOIA requests in this case that remains withheld is properly exempt from disclosure, particularly in light of the deference rightly due the government's intelligence agencies on matters of national security and terrorism. Accordingly, the FBI's motion for summary judgment is granted. (Signed by Judge Ronnie Abrams on 11/7/2017) (rj) (Entered: 11/14/2017)
2017-11-08	50	ORDER: The Court has provided the Government with a copy of its Opinion & Order in this case to afford it an opportunity to advise whether any classified information, not intended to be disclosed by the Opinion & Order, has been inadvertently disclosed. The Court will promptly file the Opinion and Order after receiving the Government's response. (Signed by Judge Ronnie Abrams on 11/8/2017) (rj) (Entered: 11/09/2017)
2017-11-13	51	LETTER addressed to Judge Ronnie Abrams from Caleb Hayes-Deats dated November 13, 2017 re: the FBI's review of the Court's Opinion & Order. Document filed by Federal Bureau Of Investigation.(Hayes-Deats, Caleb) (Entered: 11/13/2017)
2017-11-20	53	CONSENT LETTER MOTION for Leave to File Motion for Fees addressed to Judge Ronnie Abrams from David McCraw dated 11/20/2017. Document filed by Scott Shane, The New York Times Company.(McCraw, David) (Entered: 11/20/2017)
2017-11-21	54	LETTER addressed to Judge Ronnie Abrams from Caleb Hayes-Deats dated November 21, 2017 re: Disclosure of information described in footnote twelve on page twenty-four of the Court's Opinion & Order. Document filed by Federal Bureau Of Investigation.(Hayes-Deats, Caleb) (Entered: 11/21/2017)
2017-11-21	55	ORDER granting 53 CONSENT LETTER MOTION for Leave to File Motion for Fees addressed to Judge Ronnie Abrams from David McCraw dated 11/20/2017. Document filed by Scott Shane, The New York Times Company. Application granted. So ordered. (Signed by Judge Ronnie Abrams on 11/21/2017) (rjm) (Entered: 11/27/2017)
2017-11-21		Set/Reset Deadlines: Motions due by 12/15/2017. Responses due by 1/16/2018. Replies due by 1/23/2018. (rjm) (Entered: 11/27/2017)
2017-12-14	56	STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: 1. Plaintiffs will not appeal the Court's Opinion & Order of November 7, 2017, and accept that the documents produced by FBI fully settle any and all claims Plaintiffs now have or may hereafter acquire against FBI or the United States of America (the "United States"), or any department, agency, officer, or employee of FBI and/or the United States, related to or arising out of Plaintiffs' FOIA request at issue in this action. 2. Under 5 U.S.C. § 552(a)( 4)(E), FBI shall pay to Plaintiffs the sum of $27,000.00 in attorney's fees and litigation costs, which sum Plaintiffs agree to accept as full payment of any attorney's fees and costs Plaintiffs have incurred or will incur in this action for services performed up to the date of this Stipulation and Order. 3. This Stipulation and Order does not constitute, and shall not be construed as, an admission by FBI or any other department or agency of the United States that Plaintiffs are either eligible or entitled to recover attorney's fees or costs in connection with this matter. 4. This action is hereby dismissed with prejudice, provided that the Court shall retain jurisdiction over any issues that may arise relating to this Stipulation and Order. 5. The parties understand and agree that this Stipulation and Order contains the entire agreement between them, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/14/2017) (rj) (Entered: 12/15/2017)
2017-12-14		Terminate Transcript Deadlines (rj) (Entered: 12/15/2017)
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