Case Detail

FOIA Project Annotation: Judge Christopher Cooper has ruled that Jens Porup failed to show that the CIA's earlier policy to decline to respond to requests for records concerning illegal activities constituted a pattern or practice contrary to FOIA because the agency largely abandoned the policy and agreed to process requests for historical records from the 1975 Church Committee investigation. Porup requested records about the agency's use of poison for covert assassinations. The CIA responded that because there was a legal prohibition on assassinations, they had no records. Porup clarified that he wanted records for the entire history of the agency. With that clarification, the CIA located 39 documents that it believed were responsive in light of Porup's clarification. The agency also found that 22 of those documents were set to be released by the National Archives under the JFK Assassination Records Collection Act. After NARA posted those records, the CIA processed the remaining 17 documents. The agency ultimately released 2,000 pages of documents in full or in part, withholding records under Exemption 1 (national security) and Exemption 3 (other statutes). Porup argued that the CIA's policy declining to respond to requests about illegal activities constituted a pattern or practice violation on the part of the agency. Cooper disagreed, finding instead that even if the earlier policy constituted a pattern or practice violation, the agency's change to the policy had rectified that situation. He pointed out that "the new policy is materially different from the challenged practice." Porup argued that the agency was required under the best evidence rule to provide a written copy of the new policy. But Cooper indicated that "Porup misconceives the scope of the best evidence rule," explaining that "the existence of an agency policy may be proved by a declaration from an agency official, even if a written record of the policy exists." Cooper added that the CIA's declaration "attesting to the implementation of the new mandatory policy for processing of FOIA requests clears this standard." Porup argued the agency had failed to conduct an adequate search, particularly for operational files normally protected by the CIA Information Act. The CIA agreed that since Porup's request dealt with actions discussed by the Church Committee, it was required to search its operational files as well. Porup argued that the agency's search of its operational files was too limited because it did not address potential use of assassinations decades later. But Cooper observed that Section 3141(c) "does not require the CIA to search its operational files for all information, including on events occurring decades later, that could hypothetically have been deemed central to a congressional committee's investigation. Section 3141(c) mandates only disclosure of 'information central to the committee's direct investigation.'" He indicated that "although it is possible that a document created after 1980 could pertain to an event directly investigated by the Church Committee, the agency 'reasonably calculated' that a search of all its operational files created four years after the investigation's final report 'would uncover all relevant documents.'" Cooper also approved the agency's withholdings under Exemption 1 and Exemption 3.
Issues: Adequacy - Search, Exemption 1 - Harm to national security, Exemption 3 - Statutory prohibition of disclosure

Date Filed	Doc #	Docket Text
2017-01-12	1	COMPLAINT against CENTRAL INTELLIGENCE AGENCY ( Filing fee $ 400 receipt number 0090-4803782) filed by JENS PORUP. (Attachments: # 1 Civil Cover Sheet, # 2 Summons CIA, # 3 Summons USADC, # 4 Summons USAG)(Moss, Bradley) (Entered: 01/12/2017)
2017-01-12	2	NOTICE of ECF Filing Error by JENS PORUP (Moss, Bradley) (Entered: 01/12/2017)
2017-01-12		Case Assigned to Judge Christopher R. Cooper. (zsb) (Entered: 01/12/2017)
2017-01-12	3	SUMMONS (3) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 01/12/2017)
2017-01-24	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTRAL INTELLIGENCE AGENCY served on 1/23/2017 (Attachments: # 1 Exhibit Proof of Service)(Moss, Bradley) (Entered: 01/24/2017)
2017-01-24	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 01/23/2017. (Attachments: # 1 Exhibit Proof of Service)(Moss, Bradley) (Entered: 01/24/2017)
2017-01-24	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/23/2017. Answer due for ALL FEDERAL DEFENDANTS by 2/22/2017. (Attachments: # 1 Exhibit Proof of Service)(Moss, Bradley) (Entered: 01/24/2017)
2017-02-03	7	Unopposed MOTION for Extension of Time to File Answer by CENTRAL INTELLIGENCE AGENCY (Bitran, Eva) (Entered: 02/03/2017)
2017-02-06		MINUTE ORDER granting 7 Motion for Extension of Time to Answer: Defendant shall file an answer no later than March 15, 2017. Signed by Judge Christopher R. Cooper on 2/6/2017. (lccrc1) (Entered: 02/06/2017)
2017-03-15	8	MOTION to Dismiss Count II of the Complaint by CENTRAL INTELLIGENCE AGENCY (Bitran, Eva) (Entered: 03/15/2017)
2017-03-29	9	AMENDED COMPLAINT against CENTRAL INTELLIGENCE AGENCY filed by JENS PORUP.(Moss, Bradley) (Entered: 03/29/2017)
2017-03-29	10	NOTICE of Filing of First Amended Complaint by JENS PORUP (Moss, Bradley) (Entered: 03/29/2017)
2017-04-12	11	ANSWER to 9 Amended Complaint by CENTRAL INTELLIGENCE AGENCY. Related document: 9 Amended Complaint filed by JENS PORUP.(Bitran, Eva) (Entered: 04/12/2017)
2017-04-13		MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties promptly confer and file a joint proposed schedule for briefing or disclosure by April 28, 2017. Signed by Judge Christopher R. Cooper on 4/13/2017. (lccrc1) (Entered: 04/13/2017)
2017-04-13		Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 4/28/2017 (zlsj) (Entered: 04/13/2017)
2017-04-28	12	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Bitran, Eva) (Entered: 04/28/2017)
2017-05-01		MINUTE ORDER: In light of the parties' 12 Joint Status Report, it is hereby ORDERED that disclosure shall proceed according to the following schedule in this case: Defendant shall provide Plaintiff with URLs for all previously disclosed documents no later than May 1, 2017; Defendant shall make its first production of non-exempt portions of responsive records no later than June 28, 2017; Defendant shall make a second production of non-exempt portions of responsive records no later than August 28, 2017, if needed; Defendant shall make a third production of non-exempt portions of responsive records no later than October 27, 2017, if needed. It is further ORDERED that the parties shall propose a joint schedule for briefing on any appropriate motions no later than November 10, 2017. The parties shall brief Counts 1 and 2 together, according to the same briefing schedule. Signed by Judge Christopher R. Cooper on 5/1/2017. (lccrc1) (Entered: 05/01/2017)
2017-07-20	13	NOTICE OF SUBSTITUTION OF COUNSEL by Kelly Brian McClanahan on behalf of JENS PORUP Substituting for attorney Bradley Moss (McClanahan, Kelly) (Entered: 07/20/2017)
2017-08-18	14	NOTICE OF SUBSTITUTION OF COUNSEL by Michael Leon Drezner on behalf of CENTRAL INTELLIGENCE AGENCY Substituting for attorney Eva L. Bitran (Drezner, Michael) (Entered: 08/18/2017)
2017-10-31	15	Joint STATUS REPORT and Motion for Modification of Production Schedule by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 10/31/2017)
2017-10-31	16	Joint MOTION to Modify Production Schedule by CENTRAL INTELLIGENCE AGENCY, JENS PORUP. (See Docket Entry 15 to view document). (znmw) (Entered: 11/01/2017)
2017-11-08		MINUTE ORDER granting 16 Motion for Modification of Production Schedule. While the motion does not provide a satisfactory explanation for why these documents were initially deemed non-responsive, the Court will reluctantly adopt the parties' proposed production schedule. Signed by Judge Christopher R. Cooper on 11/8/2017. (lccrc1) (Entered: 11/08/2017)
2017-11-30		MINUTE ORDER: Because an amended complaint was filed after Defendant filed its motion to dismiss count two of the original complaint, it is hereby ORDERED that 8 Motion to Dismiss is DENIED AS MOOT. Signed by Judge Christopher R. Cooper on 11/30/2017. (lccrc1) (Entered: 11/30/2017)
2018-09-21	17	STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Drezner, Michael) (Entered: 09/21/2018)
2018-09-24		MINUTE ORDER: Upon consideration of 17 Defendant's Status Report, Plaintiff is hereby ORDERED to notify Defendant by September 28, 2018, of any objections or challenges to the FOIA response in this case, including any objections or challenges to documents produced pursuant to the JFK Act. Signed by Judge Christopher R. Cooper on 09/24/2018. (lccrc1) (Entered: 09/24/2018)
2018-09-25		Set/Reset Deadlines: Plaintiff's objections or challenges to the FOIA response in this case, including any objections or challenges to documents produced pursuant to the JFK Act due by 9/28/2018. (lsj) (Entered: 09/25/2018)
2018-10-31	18	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Drezner, Michael) (Entered: 10/31/2018)
2018-12-10		MINUTE ORDER: Upon consideration of the parties' 18 Joint Status Report and Proposed Schedule, it is ORDERED that the parties' proposed schedule is adopted. Defendant shall file its motion for summary judgment on or before February 19, 2019; Plaintiff shall file a response and any cross-motion for summary judgment on or before March 15, 2019; Defendant shall file its response and/or reply on or before April 5, 2019; and Plaintiff shall a reply, if necessary, on or before April 26, 2019. Signed by Judge Christopher R. Cooper on 12/10/2018. (lccrc1) (Entered: 12/10/2018)
2018-12-10		Set/Reset Deadlines: Summary Judgment motions due by 2/19/2019. Response to Motion for Summary Judgment due by 3/15/2019. Reply to Motion for Summary Judgment due by 4/5/2019. Replies due by 4/26/2019. (lsj) (Entered: 12/10/2018)
2019-01-17	19	MOTION to Stay by CENTRAL INTELLIGENCE AGENCY (Drezner, Michael) (Entered: 01/17/2019)
2019-01-17		MINUTE ORDER granting 19 Motion to Stay. All deadlines in the case shall be stayed pending renewed funding. Signed by Judge Christopher R. Cooper on 1/17/2019. (lccrc1) (Entered: 01/17/2019)
2019-01-28	20	NOTICE by CENTRAL INTELLIGENCE AGENCY (Drezner, Michael) (Entered: 01/28/2019)
2019-02-01	21	Consent MOTION to Modify Briefing Schedule by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 02/01/2019)
2019-02-01		MINUTE ORDER granting 21 Motion to Modify. It is hereby ORDERED that the parties' proposed modified schedule is adopted. Defendant shall file its motion for summary judgment on or before March 29, 2019; Plaintiff shall file a response and any cross-motion for summary judgment on or before April 26, 2019; Defendant shall file its response and/or reply on or before May 24, 2019, 2019; and Plaintiff shall a reply, if necessary, on or before June 21, 2019. Signed by Judge Christopher R. Cooper on 2/1/2019. (lccrc1) (Entered: 02/01/2019)
2019-02-05		Set/Reset Deadlines: Summary Judgment motions due by 3/29/2019. Response to Motion for Summary Judgment due by 4/26/2019. Reply to Motion for Summary Judgment due by 5/24/2019. Replies due by 6/21/2019. (lsj) (Entered: 02/05/2019)
2019-03-26	22	Consent MOTION for Extension of Time to File Motion for Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 03/26/2019)
2019-03-26		MINUTE ORDER granting 22 Consent Motion for Extension of Time. It is hereby ORDERED that the parties shall brief the instant case pursuant to the following schedule: Defendant shall file its motion for summary judgment on or before April 12, 2019; Plaintiff shall file a response and any cross-motion for summary judgment on or before May 10, 2019; Defendant shall file its response and/or reply on or before June 7, 2019; and Plaintiff shall a reply, if necessary, on or before July 12, 2019. Signed by Judge Christopher R. Cooper on 3/26/2019. (lccrc1) (Entered: 03/26/2019)
2019-03-27		Set/Reset Deadlines: Summary Judgment motions due by 4/12/2019. Response to Motion for Summary Judgment due by 5/10/2019. Reply to Motion for Summary Judgment due by 6/7/2019. Replies due by 7/12/2019. (lsj) (Entered: 03/27/2019)
2019-04-12	23	MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1- FOIA Request Correspondence, # 3 Exhibit 2- Declaration of Antoinette B. Shiner, # 4 Exhibit 3- Letters Cited by Plaintiff, # 5 Exhibit 4- Vaughn Index, # 6 Statement of Facts, # 7 Text of Proposed Order)(Drezner, Michael) (Entered: 04/12/2019)
2019-04-17	24	ERRATA by CENTRAL INTELLIGENCE AGENCY 23 MOTION for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Exhibit 1- FOIA Request Correspondence, # 2 Exhibit 2- Declaration of Antoinette B. Shiner, # 3 Exhibit 3- Letters Cited by Plaintiff, # 4 Exhibit 4- Vaughn Index)(Drezner, Michael) (Entered: 04/17/2019)
2019-05-10	25	Consent MOTION for Extension of Time to File Response/Reply as to 23 MOTION for Summary Judgment by JENS PORUP (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 05/10/2019)
2019-05-13		MINUTE ORDER granting 25 Consent Motion for Extension of Time to File Response/Reply re 23 MOTION for Summary Judgment. Plaintiff shall file a response by May 17, 2019. Signed by Judge Christopher R. Cooper on 5/13/2019. (lccrc1) (Entered: 05/13/2019)
2019-05-13		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 5/17/2019. (lsj) (Entered: 05/13/2019)
2019-05-17	26	Consent MOTION for Extension of Time to File Response/Reply as to 23 MOTION for Summary Judgment by JENS PORUP (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 05/17/2019)
2019-05-21	27	Memorandum in opposition to re 23 MOTION for Summary Judgment filed by JENS PORUP. (Attachments: # 1 Exhibit A - McClanahan declaration, # 2 Exhibit B - Bosanko-McClanahan email, # 3 Exhibit C - NARA 1602-1, # 4 Exhibit D - Slaughter Lavergne declaration, # 5 Exhibit E - Released records, # 6 Text of Proposed Order)(McClanahan, Kelly) (Entered: 05/21/2019)
2019-05-21	28	NOTICE OF SUPPLEMENTAL AUTHORITY by JENS PORUP (Attachments: # 1 Exhibit F - New denial letters)(McClanahan, Kelly) (Entered: 05/21/2019)
2019-05-21	29	Unopposed MOTION for Extension of Time to File Response/Reply as to 23 MOTION for Summary Judgment by JENS PORUP (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 05/21/2019)
2019-05-21		MINUTE ORDER granting, nunc pro tunc 29 Plaintiff's Motion for Extension of Time to Respond to 23 Defendant's Motion for Summary Judgment. Response due May 20, 2019. Signed by Judge Christopher R. Cooper on 5/21/2019. (lccrc1) Modified on 5/21/2019 (zlsj). (Entered: 05/21/2019)
2019-05-21		MINUTE ORDER granting, nunc pro tunc 26 Motion for Extension of Time to File Response. Signed by Judge Christopher R. Cooper on 5/21/2019. (lccrc1) Modified on 5/21/2019 (zlsj). (Entered: 05/21/2019)
2019-06-03	30	Consent MOTION for Extension of Time to File Response/Reply by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 06/03/2019)
2019-06-07		MINUTE ORDER granting 30 Motion for Extension of Time. The government shall file its reply by June 28, 2019. No further extensions shall be granted. Signed by Judge Christopher R. Cooper on 6/7/2019. (lccrc1) (Entered: 06/07/2019)
2019-06-07		Set/Reset Deadlines: Replies due by 6/28/2019. (lsj) (Entered: 06/07/2019)
2019-06-28	31	REPLY to opposition to motion re 23 MOTION for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Exhibit 1- Corrected Vaughn Index)(Drezner, Michael) (Entered: 06/28/2019)
2019-08-09	32	Joint MOTION for Scheduling Order by CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 08/09/2019)
2019-08-14		MINUTE ORDER granting 32 Joint Motion for Scheduling Order. The supplemental briefing schedule shall proceed as follows: Defendant shall file its supplemental brief on or before September 20, 2019; Plaintiff shall respond to that supplemental brief on or before October 11, 2019; Plaintiff shall file his motion for leave to file a sur-reply to 31 Defendant's prior reply brief on or before October 11, 2019. SO ORDERED. Signed by Judge Christopher R. Cooper on 8/14/2019. (lccrc1) (Entered: 08/14/2019)
2019-08-14		Set/Reset Deadlines: Brief due by 9/20/2019. Responses due by 10/11/2019. Motions due by 10/11/2019. (znbn) (Entered: 08/15/2019)
2019-09-20	33	SUPPLEMENTAL MEMORANDUM to re 23 MOTION for Summary Judgment in Support Motion for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Exhibit A- Supplemental Declaration)(Drezner, Michael) Modified to add link on 9/23/2019 (znmw). (Entered: 09/20/2019)
2019-09-26	34	ERRATA by CENTRAL INTELLIGENCE AGENCY. (Drezner, Michael) (Entered: 09/26/2019)
2019-10-11	35	Consent MOTION for Extension of Time to File Response/Reply as to 23 MOTION for Summary Judgment , Consent MOTION for Extension of Time to File Motion for Leave to File Sur-Reply by JENS PORUP (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 10/11/2019)
2019-10-15	36	MOTION for Leave to File Sur-Reply by JENS PORUP (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Additional attachment(s) added on 10/16/2019: # 2 Exhibit Surreply) (ztd). (Entered: 10/15/2019)
2019-10-15	37	RESPONSE re 33 Supplemental Memorandum, filed by JENS PORUP. (McClanahan, Kelly) (Entered: 10/16/2019)
2019-10-16	38	ENTERED IN ERROR. . . . .SURREPLY to re 23 MOTION for Summary Judgment filed by JENS PORUP. (McClanahan, Kelly) Modified on 10/16/2019 (ztd). (Entered: 10/16/2019)
2019-10-16		MINUTE ORDER: Plaintiff's 35 Consent Motion for Extension of Time to File a Response is GRANTED. The Court will defer ruling on Plaintiff's 35 Motion for Extension of Time to File His Motion for Leave to File a Sur-Reply. Signed by Judge Christopher R. Cooper on 10/16/19. (lccrc1) (Entered: 10/16/2019)
2019-10-16		NOTICE OF ERROR re 38 Surreply; emailed to kel@nationalsecuritylaw.org, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Surreply has been filed prematurely. The surreply has been added as an exhibit to the Motion pending ruling. (ztd, ) (Entered: 10/16/2019)
2020-03-16	39	ORDER granting 23 Government's Motion for Summary Judgment and granting 36 Plaintiff's Motion for Leave to File to Sur-Reply. See full Order and accompanying Memorandum Opinion for details. Signed by Judge Christopher R. Cooper on 3/16/20. (lccrc2) (Entered: 03/16/2020)
2020-03-16	40	MEMORANDUM AND OPINION re: 39 Order Granting Summary Judgment to the Government. See full Opinion and accompanying Order for details. Signed by Judge Christopher R. Cooper on 3/16/20. (lccrc2) (Entered: 03/16/2020)
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