Case Detail

FOIA Project Annotation: Judge Tanya Chutkan has ruled that Department of Justice properly separated segments of email chains based on their responsiveness to CREW's requests for records concerning the decision to disclose text messages sent between former FBI employees Peter Strzok and Lisa Page during the 2016 presidential campaign to reporters in December 2017. In processing CREW's requests, the Office of Information Policy ran into data migration problems caused by transfers to new servers. CREW faulted OIP for failing to explain the data migration issue sufficiently to allow it to assess and challenge it. Chutkan disagreed, noting that "though OIP does not go into detail about the nature of the data problem, this description reasonably assures the court that the original search (with which CREW takes no issue) was run against a complete data set. OIP has thus met its burden to 'show that it made a good faith effort to conduct a search for the requested records, using methods which can be reasonably expected to produce the information requested.'" OIP and the Office of Inspector General had divided each email into separate records, allowing it to withhold certain emails as non-responsive to CREW's requests. CREW argued this was contrary to American Immigration Lawyers Association v. Executive Office for Immigration Review (AILA), 830 F.3d 667 (D.C. Cir. 2016), in which the D.C. Circuit ruled that agencies could not withhold records because they were non-responsive but instead had to make an applicable exemption claim. In AILA, the D.C. Circuit indicated that records could be subdivided but explained that agencies probably could not justify redactions of individual sentences. CREW argued that dividing the records into individual emails was also too narrow and that "a record must constitute only 'the full native form in which it is maintained by the agency at the time of the request.' This means that if an agency stores emails in threads (as CREW asserts DOJ does), then the full thread, and nothing less, is the 'record.'" Chutkan rejected CREW's claim, noting that "the statute's description of a record is preceded by the word 'includes,' which CREW omits from its quotation of the text. "'Includes' suggests that the statute seeks not to narrow or limit what counts as a record, but to expand it. As CREW itself points out, Congress added this language 'to ensure that electronic records, in addition to paper documents and other tangible objects, were covered.' Thus, the clause does not narrow the range of what counts as a record; it expands it." CREW argued that the addition of the phrase "when maintained by the agency" in the statute's definition of record, supported its position that a record is defined by the manner in which an agency stores it. Chutkan, however, pointed out that "but even if CREW is correct that the statute gives specific meaning in the word 'record' (and the D.C. Circuit is mistaken in noting that it provides 'little help'), then that specific meaning describes what is to be included in the definition of a record. The statute does not say that all other types of records are excluded. In other words, CREW's argument, at best, speaks to what the statute includes, it says nothing about what types of records the statute excludes." CREW contended that its definition would provide objective criteria and not depend on the requester's intent or the agency's interpretation of that intent. Chutkan agreed but noted that "unless that test is found within the statute, the court cannot enforce it. If CREW seeks to have a 'record' defined by the manner in which it is maintained by the agency, 'its concerns are properly directed to Congress, not this court.'" Chutkan explained that the D.C. Circuit in AILA had included in dicta some limits on dividing records. The AILA decision indicated that "we find it difficult to believe that any reasonable understanding of a 'record' would permit an individual sentence within a paragraph within an email on the ground that the sentence alone could be conceived of as a distinct, non-responsive record.'" Chutkan observed that "after all, thought the statute give little content to the words 'agency record,' those works have their own meaning, and calling a sentence in an email, or a word in a sentence, 'a record' stretches that meaning too far." Turning to DOJ's decision to divide the emails into separate records, Chutkan noted that "here, DOJ's definition of a record, given the language of the request and the documents in question, does not stretch past the bounds of reasonableness."
Issues: Agency Record

Date Filed	Doc #	Docket Text
2018-01-03	1	COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-5270667) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney Generl, # 3 Summons Department of Justice, # 4 Summons U.S. Attorney)(Weismann, Anne) (Entered: 01/03/2018)
2018-01-03	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Weismann, Anne) (Entered: 01/03/2018)
2018-01-03		Case Assigned to Judge Tanya S. Chutkan. (zmd) (Entered: 01/03/2018)
2018-01-03	3	SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (md) (Entered: 01/03/2018)
2018-01-16	4	AMENDED COMPLAINT against U.S. DEPARTMENT OF JUSTICE filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON.(Weismann, Anne) (Entered: 01/16/2018)
2018-02-08	5	NOTICE of Appearance by Vinita Balakrishnan Andrapalliyal on behalf of U.S. DEPARTMENT OF JUSTICE (Andrapalliyal, Vinita) (Entered: 02/08/2018)
2018-02-08	6	ANSWER to 4 Amended Complaint by U.S. DEPARTMENT OF JUSTICE.(Andrapalliyal, Vinita) (Entered: 02/08/2018)
2018-02-09		MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and proposed order not later than 3/5/18. Signed by Judge Tanya S. Chutkan on 2/9/18. (DJS) (Entered: 02/09/2018)
2018-02-09		Set/Reset Deadlines: Joint Status Report due by 3/5/2018. (tb) (Entered: 02/09/2018)
2018-03-05	7	Consent MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF JUSTICE (Andrapalliyal, Vinita) (Entered: 03/05/2018)
2018-03-06		MINUTE ORDER: Granting 7 Consent Motion for Extension of Time to File Joint Status Report. The parties shall file their report by 3/6/18. The parties are hereby reminded that all motions must be accompanied by a proposed order. See Local Civil Rule 7(c). Additionally, all joint status reports shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 3/6/18. (DJS) (Entered: 03/06/2018)
2018-03-06	8	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order Defendant's Proposed Order, # 2 Text of Proposed Order Plaintiff's Proposed Order)(Andrapalliyal, Vinita) (Entered: 03/06/2018)
2018-03-07		Set/Reset Deadlines: Status Report due by 3/6/2018. (tb) (Entered: 03/07/2018)
2018-04-02		MINUTE ORDER: A Status Conference is hereby set for 4/11/18 at 10:45 am in Courtroom 9. The parties shall file a joint updated status report and proposed order by noon on April 9, 2018. Signed by Judge Tanya S. Chutkan on 4/2/18. (DJS) (Entered: 04/02/2018)
2018-04-02		Set/Reset Deadlines/Hearings: Status Report due by noon on 4/9/2018. Status Conference set for 4/11/2018 at 10:45 AM in Courtroom 9 before Judge Tanya S. Chutkan. (jl) (Entered: 04/04/2018)
2018-04-03	9	NOTICE of Appearance by Conor M. Shaw on behalf of CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Shaw, Conor) (Entered: 04/03/2018)
2018-04-03	10	NOTICE of Appearance by Adam J. Rappaport on behalf of CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Rappaport, Adam) (Entered: 04/03/2018)
2018-04-09	11	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(Andrapalliyal, Vinita) (Entered: 04/09/2018)
2018-04-10		Set/Reset Hearings: Status Conference reset for 4/11/2018 at (TIME CHANGE) 11:15 AM in Courtroom 8 before Judge Tanya S. Chutkan. (tb) (Entered: 04/10/2018)
2018-04-11		Minute Entry: Status Conference held on 4/11/2018 before Judge Tanya S. Chutkan: OIP shall produce documents by not later than 04/30/18 and production should be completed by 06/30/18. Joint Status Report due by 5/16/2018. (Court Reporter Bryan Wayne) (tb) (Entered: 04/12/2018)
2018-05-16	12	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Andrapalliyal, Vinita) (Entered: 05/16/2018)
2018-05-24		MINUTE ORDER: Having considered the parties' Joint Status Report 12 , it is hereby ordered that the parties shall file another joint report and proposed order by July 9, 2018. Signed by Judge Tanya S. Chutkan on 5/24/18. (DJS) (Entered: 05/24/2018)
2018-05-25		Set/Reset Deadlines: Joint Status Report due by 7/9/2018. (tb) (Entered: 05/25/2018)
2018-06-29	13	MOTION for Extension of Time to Complete Production of Responsive, Non-exempt Records Subject to FOIA by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Andrapalliyal, Vinita) (Entered: 06/29/2018)
2018-07-02		MINUTE ORD: Granting 13 Motion for Extension of Deadlines. Defendant's time to complete production is extended to July 5, 2018. Signed by Judge Tanya S. Chutkan on 7/2/18. (DJS) (Entered: 07/02/2018)
2018-07-02		Set/Reset Deadlines: Defendant's time to complete production is extended to 7/5/2018. (jth) (Entered: 07/03/2018)
2018-07-09	14	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Andrapalliyal, Vinita) (Entered: 07/09/2018)
2018-07-17		MINUTE ORDER: Having considered the parties' Joint Status Report 13 , it is hereby ordered that the parties shall adhere to the following briefing schedule: Defendant will file its motion for summary by August 13, 2018. Plaintiff will file its opposition to Defendants' motion and combined cross-motion for summary judgment by September 13, 2018. Defendant will file its combined reply/opposition to Plaintiff's cross-motion by October 4, 2018,. Plaintiff will file its reply in support of its cross-motion by October 18, 2018. Signed by Judge Tanya S. Chutkan on 7/17/18. (DJS) (Entered: 07/17/2018)
2018-07-19		Set/Reset Deadlines: Cross Motion due by 9/13/2018. Response to Cross Motion due by 10/4/2018. Reply to Cross Motion due by 10/18/2018. Summary Judgment motion due by 8/13/2018. Response to Motion for Summary Judgment due by 9/13/2018. Reply to Motion for Summary Judgment due by 10/4/2018. (tb) (Entered: 07/19/2018)
2018-08-10	15	MOTION to Stay Summary Judgment Briefing Schedule by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration of Vanessa R. Brinkmann, # 2 Text of Proposed Order)(Andrapalliyal, Vinita) (Entered: 08/10/2018)
2018-08-10	16	Memorandum in opposition to re 15 MOTION to Stay Summary Judgment Briefing Schedule filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) (Entered: 08/10/2018)
2018-08-13	17	REPLY to opposition to motion re 15 MOTION to Stay Summary Judgment Briefing Schedule filed by U.S. DEPARTMENT OF JUSTICE. (Andrapalliyal, Vinita) (Entered: 08/13/2018)
2018-08-14		MINUTE ORDER: A Status Conference is hereby set for 8/20/18 at 10:15 am in Courtroom 9. Signed by Judge Tanya S. Chutkan on 8/14/18. (DJS) (Entered: 08/14/2018)
2018-08-15		Set/Reset Hearings: Status Conference set for 8/20/2018 at 10:15 AM in Courtroom 9 before Judge Tanya S. Chutkan. (tb) (Entered: 08/15/2018)
2018-08-20		Minute Entry: Status Conference held on 8/20/2018 before Judge Tanya S. Chutkan: The government shall file a status report by 8/24/2018. Proposed Briefing Schedule due by 8/29/2018. Status Conference set for 10/5/2018 at 11:15 AM in Courtroom 9 before Judge Tanya S. Chutkan. (Court Reporter Bryan Wayne) (tb) Modified on 8/21/2018 (tb). (Entered: 08/21/2018)
2018-08-24	18	STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Andrapalliyal, Vinita) (Entered: 08/24/2018)
2018-08-29	19	MOTION for Leave to File an Individual Status Report by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Text of Proposed Order Plaintiff's Proposed Order)(Shaw, Conor) (Additional attachment(s) added on 8/30/2018: # 2 Exhibit status report) (ztd). (Entered: 08/29/2018)
2018-08-29	20	ENTERED IN ERROR. . . . .STATUS REPORT by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Text of Proposed Order Plaintiff's Proposed Order)(Shaw, Conor) Modified on 8/30/2018 (ztd). (Entered: 08/29/2018)
2018-08-29	21	PROPOSED BRIEFING SCHEDULE by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Andrapalliyal, Vinita) (Entered: 08/29/2018)
2018-08-30		NOTICE OF CORRECTED DOCKET ENTRY: re 20 Status Report, was entered in error and said pleading has been added as an exhibit to docket entry no. 19 , pending leave of court. (ztd) (Entered: 08/30/2018)
2018-08-30	22	TRANSCRIPT OF 8/20/18 STATUS HEARING, before Judge Tanya S. Chutkan, held on August 20, 2018. Page Numbers: 1-12. Date of Issuance: August 30, 2018. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days , the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 9/20/2018. Redacted Transcript Deadline set for 9/30/2018. Release of Transcript Restriction set for 11/28/2018.(Wayne, Bryan) (Entered: 08/30/2018)
2018-09-17	23	NOTICE of Appearance by Nikhel Sus on behalf of CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Sus, Nikhel) (Main Document 23 replaced on 9/20/2018) (ztd). (Entered: 09/17/2018)
2018-10-04		ORDER granting 15 Defendant's Motion to Stay Summary Judgment Briefing Schedule. Signed by Judge Tanya S. Chutkan on 10/4/2018. (lctsc2). (Entered: 10/04/2018)
2018-10-04		ORDER granting 19 Plaintiff's Motion for Leave to File an Individual Status Report. Signed by Judge Tanya S. Chutkan on 10/4/2018. (lctsc2). (Entered: 10/04/2018)
2018-10-04	24	STATUS REPORT by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (ztd) (Entered: 10/09/2018)
2018-10-05		MINUTE ORDER: The Office of Information Policy is hereby ordered to complete its production by Friday, October 12, 2018. Defendant's motion for summary judgment is due on October 26, 2018. Plaintiff's opposition and cross-motion is due on November 16, 2018. Defendant's opposition and reply is due on December 7, 2018. Plaintiff's reply is due on December 21, 2018. SO ORDERED - by Judge Tanya S. Chutkan on 10/05/18. (tb) (Entered: 10/05/2018)
2018-10-05		Minute Entry: Status Conference held on 10/5/2018 before Judge Tanya S. Chutkan: See Minute Order filed 10/05/18. (Court Reporter Lisa Moreira) (tb) (Entered: 10/10/2018)
2018-10-26	25	MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Deborah M. Waller, # 4 Declaration of Vanessa R. Brinkmann, # 5 Text of Proposed Order)(Andrapalliyal, Vinita) (Entered: 10/26/2018)
2018-11-13	26	NOTICE of Change of Address by Nikhel Sus (Sus, Nikhel) (Entered: 11/13/2018)
2018-11-16	27	MOTION for Partial Summary Judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Text of Proposed Order)(Sus, Nikhel) (Entered: 11/16/2018)
2018-11-16	28	Memorandum in opposition to re 25 MOTION for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Statement of Facts, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Sus, Nikhel) (Entered: 11/16/2018)
2018-12-07	29	REPLY to opposition to motion re 25 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Andrapalliyal, Vinita) (Entered: 12/07/2018)
2018-12-07	30	Memorandum in opposition to re 27 MOTION for Partial Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Andrapalliyal, Vinita) (Entered: 12/07/2018)
2018-12-19	31	REPLY to opposition to motion re 27 MOTION for Partial Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Sus, Nikhel) (Entered: 12/19/2018)
2019-08-02	32	NOTICE OF SUPPLEMENTAL AUTHORITY by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Sus, Nikhel) (Entered: 08/02/2019)
2019-08-21	33	RESPONSE re 32 NOTICE OF SUPPLEMENTAL AUTHORITY filed by U.S. DEPARTMENT OF JUSTICE. (Andrapalliyal, Vinita) (Entered: 08/21/2019)
2020-05-26	34	MEMORANDUM AND OPINION regarding Defendant's 25 Motion for Summary Judgment and Plaintiffs 27 Motion for Partial Summary Judgment. Signed by Judge Tanya S. Chutkan on 5/26/2020. (lcdl) (Entered: 05/26/2020)
2020-05-26	35	ORDER granting Defendant's 25 Motion for Summary Judgment and denying Plaintiff's 27 Motion for Partial Summary Judgment. The Clerk of the court is respectfully requested to close this case. This is a final appealable order. Signed by Judge Tanya S. Chutkan on 5/26/2020. (lcdl) (Entered: 05/26/2020)
Hide Docket Events