Case Detail

FOIA Project Annotation: Judge Randolph Moss has ruled that, with two exceptions, the Department of State properly responded to a FOIA request from Citizens United for records concerning a visit to the State Department by British intelligence operative Christopher Steele and a briefing he gave to agency officials pertaining to Russian interference in the U.S. presidential election. In processing the request, the agency consulted with the FBI pertaining to possible exemption claims. By the time Moss ruled there were only a handful of documents still in dispute. One disputed document was a five-page memo prepared by a third party that had been withheld under Exemption 3 (other statutes), citing the National Security Act. Moss noted that the FBI's affidavit provided sufficient justification for withholding the memo. He pointed out that the FBI "attests that Document 7 is a five page memorandum prepared by a third party; that it was not prepared by Christopher Steele; that it relates to a 'technical subject' of potential law enforcement interest to the FBI's investigation of Russian interference in the 2016 Presidential election; that disclosure could reveal intelligence sources and methods; and that such a disclosure would be used by adversaries of the United States �" including foreign states �" to avoid FBI detection. The [agency's] declaration goes as far as the Court could reasonably demand, short of requiring disclosure of the protected information itself." Citizens United argued that since then Rep. Mark Meadows (R-NC) had apparently reviewed the document in an unclassified setting and found it innocuous, it could not be considered classified. But Moss indicated that Citizens United had missed the point. He observed that "an 'intelligence source' within the meaning of the National Security Act is a person or entity that 'provides, or is engaged to provide information the [intelligence community] needs to fulfill its statutory obligations.' . . .Given the breath of the statutory text and the deference owed to the FBI's determination, Citizens United's reliance on the purported fact that Document 7 contains information from open-source media does little to further its cause. Even if the Court credits Citizen United's assertion about the document's contents, the record still 'relates to intelligence sources [or] methods' and thus falls squarely within the broad sweep of the statutory protection." For two documents withheld under Exemption 1 (national security), Exemption 3, and Exemption 7(E) (investigative methods and techniques), Moss agreed with Citizens United that the State Department had not provided sufficient justification for the redactions made. He pointed out that "but aside from describing the documents and the FOIA exemptions relied on in making its redactions, the Department offers no explanation or justification for its decisions. . .The Court cannot ascertain, for example, whether the redactions to Documents 4 and 9 are properly classified pursuant to an executive order or whether the redacted information falls within the ambit of the National Security Act. Thus, before the Court can address whether the redactions were proper, it will require a more detailed explanation by the Department."
Issues: Exemption 3 - Statutory prohibition of disclosure

FOIA Project Annotation: Judge Randolph Moss has ruled that the Department of State properly responded to a request from Citizens United for records concerning a 2016 visit to the State Department by Christopher Steele. In his earlier ruling in the case, Moss sided with the agency on all but three documents, where Moss expressed doubts that the agency had justified its exemption claims. The agency withheld portions of two documents under Exemption 1 (national security), Exemption 3 (other statutes), and Exemption 7(E) (investigative methods and techniques). For those two documents, Moss indicated that agency had failed to provide sufficient detail to justify the exemptions. As to the third document, a five-page research document prepared by a third party (not Christopher Steele) about a technical subject containing potential leads of investigative interest to the FBI related to the investigation of Russia's interference in the 2016 Presidential election. The document was transmitted for law enforcement purposes for the State Department to the FBI. The agency withheld the document in full under Exemption 3 and Exemption 7(E). As to that document, Moss found that the agency had not considered whether or not the document was segregable. After reviewing the agency's supplemental affidavits, Moss indicated that the agency's Exemption 1 claim covered all the redactions previously claimed under Exemptions 3 and 7(E) as well. While Citizens United argued against that conclusion, Moss noted that "Citizens United does not, and cannot, dispute that the information at issue was properly classified and that disclosure could reasonably cause damage to national security by, for example, allowing adversaries of the United States to discern how the FBI engages with intelligence sources." Moss also found the agency had provided sufficient support on the issue of segregability. Citizens United argued that portions of the withheld five-page document had been officially acknowledged in an Inspector General's report. Rejecting the claim, Moss noted that "because Citizens United has not shown that the 'specific information' that it seeks is already in the public domain and that it is there by virtue of an 'official disclosure,' its argument fails."
Issues: Exemption 1 - Harm to national security, Segregability - Disclosure of all non-exempt records

Date Filed	Doc #	Docket Text
2018-08-08	1	COMPLAINT against UNITED STATES DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-5627824) filed by CITIZENS UNITED. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Summons to State Dept, # 6 Summons to Attorney General, # 7 Summons to U.S. Attorney)(Morgan, Jeremiah) (Entered: 08/08/2018)
2018-08-08	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CITIZENS UNITED (Morgan, Jeremiah) (Entered: 08/08/2018)
2018-08-09		Case Assigned to Judge Randolph D. Moss. (zsb) (Entered: 08/09/2018)
2018-08-09	3	STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in this Court's Standing Order. See document for details. Signed by Judge Randolph D. Moss on 8/9/2018. (lcrdm1, ) (Entered: 08/09/2018)
2018-08-10	4	SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 08/10/2018)
2018-08-25	5	NOTICE of Appearance by Johnny Hillary Walker, III on behalf of All Defendants (Walker, Johnny) (Entered: 08/25/2018)
2018-09-19	6	ANSWER to Complaint by UNITED STATES DEPARTMENT OF STATE.(Walker, Johnny) (Entered: 09/19/2018)
2018-09-25		MINUTE ORDER: It is hereby ORDERED that the parties shall appear for a status conference on October 25, 2018, at 10:15 a.m., in Courtroom 21. It is further ORDERED that the parties shall meet and confer prior to the status conference to discuss the status of the Department's search and scheduling for further proceedings. Signed by Judge Randolph D. Moss on 9/25/2018. (lcrdm1, ) (Entered: 09/25/2018)
2018-09-26		Set/Reset Hearings: Status Conference set for 10/25/2018, at 10:15 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 09/26/2018)
2018-10-04	7	Consent MOTION to Continue the October 25, 2018, Status Conference by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 10/04/2018)
2018-10-04		MINUTE ORDER: Upon consideration of Defendant's consent motion to continue, Dkt. 7 , the motion is hereby GRANTED. It is hereby ORDERED that the Status Conference scheduled for October 25, 2018, is hereby CONTINUED to October 29, 2018, at 10:00 a.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 10/4/2018. (lcrdm1, ) (Entered: 10/04/2018)
2018-10-05		Set/Reset Hearings: The Status Conference set for 10/25/2018 is VACATED and RESCHEDULED for 10/29/2018, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 10/05/2018)
2018-10-29		Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 10/29/2018. Joint Status Report due by 12/3/2018. (Court Reporter: Jeff Hook.) (kt) (Entered: 10/29/2018)
2018-12-03	8	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Walker, Johnny) (Entered: 12/03/2018)
2018-12-03		MINUTE ORDER: In light of the parties' joint status report, Dkt. 8 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 18, 2019. Signed by Judge Randolph D. Moss on 12/3/2018. (lcrdm1, ) (Entered: 12/03/2018)
2018-12-04		Set/Reset Deadlines: Joint Status Report due by 3/18/2019. (kt) (Entered: 12/04/2018)
2019-03-18	9	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Walker, Johnny) (Entered: 03/18/2019)
2019-03-19		MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 9 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 10, 2019. Signed by Judge Randolph D. Moss on 3/19/2019. (lcrdm1, ) (Entered: 03/19/2019)
2019-03-19		Set/Reset Deadlines: Joint Status Report due by 5/10/2019. (kt) (Entered: 03/19/2019)
2019-05-10	10	Joint STATUS REPORT by CITIZENS UNITED. (Morgan, Jeremiah) (Entered: 05/10/2019)
2019-05-24		MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 10 , it is hereby ORDERED that the following schedule shall govern proceedings in this matter: (1) Plaintiff shall file its motion for summary judgment on or before June 7, 2019; (2) Defendant shall file its response and cross-motion for summary judgment on July 8, 2019; (3) Plaintiff shall file its response and reply on July 22, 2019; and (4) Defendant shall file its reply on or before July 31, 2019. Signed by Judge Randolph D. Moss on 5/24/2019. (lcrdm1, ) (Entered: 05/24/2019)
2019-05-24		Set/Reset Deadlines: Plaintiff shall file its motion for summary judgment on or before 6/7/2019; Defendant shall file its response and cross-motion for summary judgment on 7/8/2019; Plaintiff shall file its response and reply on 7/22/2019; Defendant shall file its reply on or before 7/31/2019. (kt) (Entered: 05/24/2019)
2019-06-07	11	MOTION for Summary Judgment or, in the alternative, for in camera review by CITIZENS UNITED (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit A, Declaration of Morgan, # 4 Exhibit B, Declaration of Bossie, # 5 Exhibit C, HPSCI Memo, # 6 Exhibit D, Produced records, # 7 Text of Proposed Order for Summary Judgment, # 8 Text of Proposed Order for in camera review)(Morgan, Jeremiah). Added MOTION on 6/10/2019 (ztd). (Entered: 06/07/2019)
2019-07-08	12	Consent MOTION for Extension of Time to file a cross motion for summary judgment and opposition to Plaintiff's motion for summary judgment by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 07/08/2019)
2019-07-10		MINUTE ORDER: Upon consideration of the Defendant's consent motion for extension, Dkt. 12 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file a cross motion for summary judgment and opposition to Plaintiffs motion for summary judgment on or before July 10, 2019. Signed by Judge Randolph D. Moss on 7/10/2019. (lcrdm1, ) (Entered: 07/10/2019)
2019-07-10	13	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support, # 2 Statement of Material Facts as to Which There Is No Genuine Issue, # 3 Statement of Genuine Issues, # 4 Declaration of Michael Seidel, # 5 Declaration of Eric Stein (with exhibits), # 6 Text of Proposed Order)(Walker, Johnny) (Entered: 07/10/2019)
2019-07-10	14	Memorandum in opposition to re 11 MOTION for Summary Judgment or, in the alternative, for in camera review filed by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Statement of Genuine Issues)(Walker, Johnny) (Entered: 07/10/2019)
2019-07-22	15	Memorandum in opposition to re 13 MOTION for Summary Judgment filed by CITIZENS UNITED. (Attachments: # 1 Exhibit A, # 2 Statement of Genuine Issues)(Morgan, Jeremiah) (Entered: 07/22/2019)
2019-07-22	16	REPLY to opposition to motion re 11 MOTION for Summary Judgment or, in the alternative, for in camera review filed by CITIZENS UNITED. (Attachments: # 1 Exhibit A)(Morgan, Jeremiah) (Entered: 07/22/2019)
2019-07-31	17	Consent MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 07/31/2019)
2019-08-01	18	REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Declaration of David Hardy, # 2 Supplemental Declaration of Eric Stein)(Walker, Johnny) (Entered: 08/01/2019)
2019-08-02		MINUTE ORDER: Upon consideration of the Defendant's consent motion for extension of time, Dkt. 17 , it is hereby ORDERED that the motion is GRANTED. Signed by Judge Randolph D. Moss on 8/2/2019. (lcrdm1, ) (Entered: 08/02/2019)
2019-08-05	19	NOTICE OF SUPPLEMENTAL AUTHORITY by CITIZENS UNITED (Attachments: # 1 Exhibit 1)(Morgan, Jeremiah) (Entered: 08/05/2019)
2019-08-15	20	REPLY re 19 NOTICE OF SUPPLEMENTAL AUTHORITY filed by UNITED STATES DEPARTMENT OF STATE. (Walker, Johnny) (Entered: 08/15/2019)
2020-01-22		MINUTE ORDER: The parties are hereby ORDERED to comply with the terms of the Court's revised standing order, which is available on the Court's website. Click for details. Signed by Judge Randolph D. Moss on 1/22/20. (lcrdm1) (Entered: 01/22/2020)
2020-05-19	21	MEMORANDUM OPINION AND ORDER: For the reasons explained herein, the Court DENIES Plaintiff's motion for summary judgment, Dkt. 11, and GRANTS in part and DENIES in part Defendant's cross- motion for summary judgment, Dkt. 13. See document for details. Signed by Judge Randolph D. Moss on 05/19/2020. (lcrdm2, ) (Entered: 05/19/2020)
2020-06-08		MINUTE ORDER: In light of the Court's recent memorandum opinion and order denying Plaintiff's motion for summary judgment and granting in part and denying in part Defendant's cross-motion for summary judgment, Dkt. 21 , it is hereby ORDERED that the parties shall file, on or before June 22, 2020, a joint status report setting forth their views of the appropriate next steps in this litigation. Signed by Judge Randolph D. Moss on 6/8/2020. (lcrdm1) (Entered: 06/08/2020)
2020-06-22	22	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Walker, Johnny) (Entered: 06/22/2020)
2020-06-22		MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 22 , it is hereby ORDERED that the following schedule shall govern this litigation going forward: (1) Defendant shall file its renewed motion for summary judgment on or before July 13, 2020; (2) Plaintiff shall file its opposition on or before July 20, 2020; and (3) Defendant shall file its reply on or before July 27, 2020. Signed by Judge Randolph D. Moss on 6/22/2020. (lcrdm1) (Entered: 06/22/2020)
2020-07-10	23	Unopposed MOTION to Modify the Briefing Schedule by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 07/10/2020)
2020-07-13		MINUTE ORDER: Upon consideration of Defendant's unopposed motion to modify the briefing schedule, Dkt. 23 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the following schedule shall govern briefing in this matter: (1) Defendant shall file its renewed motion for summary judgment on or before July 27, 2020; (2) Plaintiff shall file its opposition on or before August 3, 2020; and (3) Defendant shall file its reply on or before August 10, 2020. Signed by Judge Randolph D. Moss on 7/13/2020. (lcrdm1) (Entered: 07/13/2020)
2020-07-27	24	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 2d Seidel Decl., # 4 Weetman Decl., # 5 Text of Proposed Order)(Walker, Johnny) (Entered: 07/27/2020)
2020-07-31	25	Memorandum in opposition to re 24 MOTION for Summary Judgment filed by CITIZENS UNITED. (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Exhibit, # 4 Text of Proposed Order)(Morgan, Jeremiah) (Entered: 07/31/2020)
2020-08-06	26	REPLY to opposition to motion re 24 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. (Walker, Johnny) (Entered: 08/06/2020)
2021-07-23		MINUTE ORDER: Defendant's memorandum of points states that after the Court's last opinion, "the Department of State was informed by the FBI that additional information could be released from Document 4. The Department of State therefore re-released Document 4 with additional information unredacted on July 21, 2020." Dkt. 24-1 at 5. This new version of Document 4 does not appear to have been submitted to the Court. Defendant is hereby ORDERED to file the re-released version of Document 4 on or before 5:00 p.m. on July 26, 2021. Signed by Judge Randolph D. Moss on 07/23/2021. (lcrdm1) (Entered: 07/23/2021)
2021-07-26	27	RESPONSE TO ORDER OF THE COURT re Order,,, Set Deadlines,, filed by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Document 4 (as re-released))(Walker, Johnny) (Entered: 07/26/2021)
2021-07-29	28	MEMORANDUM OPINION granting Defendant's motion for summary judgment, Dkt. 24 . See attached document for details. A separate order will issue. Signed by Judge Randolph D. Moss on 07/29/2021. (lcrdm1) (Entered: 07/29/2021)
2021-07-29	29	ORDER: For the reasons set forth in the Court's memorandum opinion, Dkt. 28 , it is hereby ORDERED that Defendant's motion for summary judgment, Dkt. 24 , is GRANTED. See attached document for details. Signed by Judge Randolph D. Moss on 07/29/2021. (lcrdm1) (Entered: 07/29/2021)
Hide Docket Events