Case Detail

FOIA Project Annotation: Judge Tanya Chutkan has ruled that the FBI properly withheld records under Exemption 3 (other statutes), Exemption 7(D) (confidential sources) and Exemption 7(E) (investigative methods or techniques) in response to a FOIA request from Judicial Watch for records concerning 12 FD-302 interviews conduct of Bruce Ohr, the Director of the Department of Justice Organized Crime Drug Enforcement Task Force as part of the Mueller investigation. The FBI cited Section 102A(i)(1) of the National Security Act, protecting sources and methods. Approving the exemption claim, Chutkan noted that "it is not difficult to see how releasing such information could endanger national security or the efficacy and safety of intelligence operatives in the field." She pointed out that "disclosure would hamper the agency's ability to conduct investigations by 'presenting a bona fide opportunity for individuals to develop and implement countermeasures, resulting in the loss of significant intelligence information, sources, and methods relied upon by national policymakers.'" Judicial Watch argued the FBI did not explain how methods or techniques could be revealed. However, Chutkan noted that "this argument ignores the low hurdle the FBI faces when relying of the National Security Act for Exemption 3, and the fact that the intelligence activity or methods are the kind of information the FBI â€" and the National Security Act â€" seeks to protect." Turning to Exemption 7(D), Chutkan agreed with the FBI that "the source would not have provided the information described absent an implied assurance of confidentiality." She added that "given that the source was in a unique position to provide information that would place them in the crossfire of two global superpowers, it is difficult to imagine that they would have provided such information without an assurance of confidentiality." Judicial Watch argued that the source revealed in Ohr's testimony had been publicly revealed in congressional testimony. Chutkan rejected the claim, noting that "it appears that the source in question has not been revealed, which further supports the court's conclusion that the individual's identity should be protected."
Issues: Exemption 3 - Statutory prohibition of disclosure, Exemption 7(D) - Assurance of confidentiality - Implicit, Exemption 7(E) - Investigative methods or techniques

Date Filed	Doc #	Docket Text
2018-09-10	1	COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-5680988) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Attorney for the District of Columbia, # 3 Summons U.S. Attorney General, # 4 Summons U.S. Department of Justice)(Burke, Lauren) (Entered: 09/10/2018)
2018-09-10	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Burke, Lauren) (Entered: 09/10/2018)
2018-09-10		Case Assigned to Judge Tanya S. Chutkan. (zmd) (Entered: 09/12/2018)
2018-09-13	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) (zmd) (Entered: 09/13/2018)
2018-09-20	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/18/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 10/18/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/18/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 9/18/2018 (Attachments: # 1 Declaration of Cristina Rotaru)(Peterson, James) (Entered: 09/20/2018)
2018-09-24	5	ENTERED IN ERROR. . . . .RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/18/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 10/18/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/18/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. (Attachments: # 1 Declaration of Cristina Rotaru)(Burke, Lauren) Modified on 9/24/2018 (ztd). (Entered: 09/24/2018)
2018-09-24		NOTICE OF CORRECTED DOCKET ENTRY: re 5 Summons Returned Executed in FOIA as to U.S. Attorney,,, Summons Returned Executed as to U.S. Attorney General,,, Summons Returned Executed as to Federal Defendant,, was entered in error as it is a duplicate of docket entry 4 .(ztd) (Entered: 09/24/2018)
2018-10-15	6	Unopposed MOTION for Extension of Time to File Answer by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 10/15/2018)
2018-10-17		MINUTE ORDER: Granting 6 Unopposed Motion for Extension of Time to Answer. Defendant shall answer or otherwise respond to the complaint by November 7, 2018. Signed by Judge Tanya S. Chutkan on 10/17/18. (DJS) (Entered: 10/17/2018)
2018-10-19		Set/Reset Deadlines: Answer due by 11/7/2018. (tb) (Entered: 10/19/2018)
2018-11-07	7	ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(McBride, Patricia) (Entered: 11/07/2018)
2018-11-07		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 no later than 12/14/18. Signed by Judge Tanya S. Chutkan on 11/7/18. (DJS) (Entered: 11/07/2018)
2018-11-09		Set/Reset Deadlines: Joint Status Report due by 12/14/2018. (tb) (Entered: 11/09/2018)
2018-12-14	8	NOTICE of Appearance by Michael Joseph Gerardi on behalf of U.S. DEPARTMENT OF JUSTICE (Gerardi, Michael) (Entered: 12/14/2018)
2018-12-14	9	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Gerardi, Michael) (Entered: 12/14/2018)
2018-12-14		MINUTE ORDER: Having considered the parties' Joint Status Report 9 , it is hereby ordered that the parties shall file another joint report by March 1, 2019. A proposed order shall accompany the report. Signed by Judge Tanya S. Chutkan on 12/14/18. (DJS) (Entered: 12/14/2018)
2018-12-18		Set/Reset Deadlines: Joint Status Report due by 3/1/2019. (tb) (Entered: 12/18/2018)
2018-12-19	10	NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. DEPARTMENT OF JUSTICE. Attorney Patricia K. McBride terminated. (McBride, Patricia) (Entered: 12/19/2018)
2019-02-12	11	Unopposed MOTION for Extension of Time to Provide Final Response to Plaintiff's FOIA Request by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Gerardi, Michael) (Entered: 02/12/2019)
2019-02-13		MINUTE ORDER: Granting 11 Unopposed Motion for Extension of Deadlines. The Defendant shall provide a final response to Plaintiff's FOIA request by March 15, 2019. The parties shall file a further status report no later than April 1, 2019. The status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 2/13/19. (DJS) (Entered: 02/13/2019)
2019-02-13		Set/Reset Deadlines: Response due by 4/1/2019. Status Report due by 4/1/2019. (tb) (Entered: 02/13/2019)
2019-02-13		Set/Reset Deadlines: Response due by 3/15/2019. Status Report due by 4/1/2019. (tb) (Entered: 02/13/2019)
2019-03-25	12	NOTICE of Appearance by Paul J. Orfanedes on behalf of JUDICIAL WATCH, INC. (Orfanedes, Paul) (Entered: 03/25/2019)
2019-04-01	13	Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Orfanedes, Paul) (Entered: 04/01/2019)
2019-04-04		MINUTE ORDER: Having considered the parties' joint status report 13 , it is hereby ordered that the parties shall file another joint report by 5/8/19 and every 45 days thereafter. To the extent the report contains a proposed production or briefing schedule, the order shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 4/4/19. (DJS) (Entered: 04/04/2019)
2019-04-05		Set/Reset Deadlines: Joint Status Report due by 5/8/2019. (tb) (Entered: 04/05/2019)
2019-05-08	14	Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order Defendant's Proposed Order, # 2 Text of Proposed Order Plaintiff's Proposed Order)(Burke, Lauren) (Entered: 05/08/2019)
2019-05-16		MINUTE ORDER: Having considered the parties' joint status report 14 , it is hereby ordered that the parties adhere to the following schedule: Defendant's Motion for Summary Judgment is due on or before July 17, 2019; Plaintiff's Opposition to Motion for Summary Judgment and Cross-Motion for Summary Judgment are due on or before August 14, 2019; Defendant's Reply and Opposition to Cross-Motion for Summary Judgment are due on or before September 11, 2019; and Plaintiff's Reply is due October 2, 2019. Signed by Judge Tanya S. Chutkan on 5/16/2019. (lctsc1) (Entered: 05/16/2019)
2019-05-20		Set/Reset Deadlines: Cross Motion due by 8/14/2019. Response to Cross Motion due by 9/11/2019. Reply to Cross Motion due by 10/2/2019. Summary Judgment motion due by 7/17/2019. Response to Motion for Summary Judgment due by 8/14/2019. Reply to Motion for Summary Judgment due by 9/11/2019. (tb) (Entered: 05/20/2019)
2019-07-15	15	Unopposed MOTION for Extension of Time to File Summary Judgment Motion by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Gerardi, Michael) (Entered: 07/15/2019)
2019-07-16		MINUTE ORDER: Granting 15 Motion for Extension of Deadlines. Defendant's Motion for Summary Judgment due July 26, 2019. Signed by Judge Tanya S. Chutkan on 7/16/19. (DJS) (Entered: 07/16/2019)
2019-07-16		Set/Reset Deadlines: Summary Judgment motion due by 7/26/2019. (tb) (Entered: 07/16/2019)
2019-07-25	16	Unopposed MOTION to Modify the Schedule by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Gerardi, Michael) (Entered: 07/25/2019)
2019-07-26		MINUTE ORDER: Granting 16 Motion to Modify Deadlines. The briefing schedule in this matter is hereby vacated. DOJ shall make a release of non-exempt, responsive records to Plaintiff by August 5, 2019. The parties shall meet and confer thereafter and shall submit a joint status report on or before August 12, 2019, to propose next steps in this litigation. The joint status report shall include a proposed order. Signed by Judge Tanya S. Chutkan on 7/26/19. (DJS) (Entered: 07/26/2019)
2019-07-30		Set/Reset Deadlines: Responsive records due by 8/5/2019. Joint Status Report due by 8/12/2019. (tb) (Entered: 07/30/2019)
2019-08-05	17	Unopposed MOTION to Modify the Schedule by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Gerardi, Michael) (Entered: 08/05/2019)
2019-08-06		MINUTE ORDER: Defendant's unopposed motion 17 to modify the schedule is GRANTED. The DOJ shall make a release of non-exempt, responsive records to Plaintiff by August 8, 2019. The parties shall meet and confer thereafter and shall submit a joint status report on or before August 15, 2019, to propose next steps in this litigation. The joint status report shall include a proposed order. Signed by Judge Tanya S. Chutkan on 8/6/2019. (lctsc1) (Entered: 08/06/2019)
2019-08-06		Set/Reset Deadlines: Defendant's release of records to plaintiff due by 8/8/2019. Joint Status Report due by 8/15/2019. (zjd) (Entered: 08/06/2019)
2019-08-15	18	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Gerardi, Michael) (Entered: 08/15/2019)
2019-08-16	19	ENTERED IN ERROR.....Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) Modified on 8/16/2019 (zrdj). (Entered: 08/16/2019)
2019-08-16		NOTICE OF CORRECTED DOCKET ENTRY: re 19 Status Report was entered in error at the request of Counsel and the document was filed in the correct case. (zrdj) (Entered: 08/16/2019)
2019-08-19		MINUTE ORDER: Having considered the parties' joint status report 18 , the court hereby ORDERS the parties to adhere to the following briefing schedule: the Government's Motion for Summary Judgment shall be filed on or before October 18, 2019; Plaintiff's Response & Cross-Motion shall be filed on or before November 18, 2019; the Government's Response & Reply shall be filed on or before December 18, 2019; and Plaintiff's Reply shall be filed on or before January 7, 2020. Signed by Judge Tanya S. Chutkan on 8/19/2019. (lctsc1) (Entered: 08/19/2019)
2019-08-20		Set/Reset Deadlines: Cross Motion due by 11/18/2019. Response to Cross Motion due by 12/18/2019. Reply to Cross Motion due by 1/7/2020. Summary Judgment motion due by 10/18/2019. Response to Motion for Summary Judgment due by 11/18/2019. Reply to Motion for Summary Judgment due by 12/18/2019. (tb) (Entered: 08/20/2019)
2019-10-18	20	MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Hardy Declaration, # 4 Text of Proposed Order)(Gerardi, Michael) (Entered: 10/18/2019)
2019-11-15	21	Consent MOTION for Extension of Time to File Opposition by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Burke, Lauren) (Entered: 11/15/2019)
2019-11-17		MINUTE ORDER granting 21 Motion for Extension of Deadlines. Plaintiff shall file its opposition to Defendant's motion for summary judgment and combined cross-motion on or before December 3, 2019. Defendant shall file its combined reply/opposition on or before January 7, 2020. Plaintiff shall file its reply on or before January 23, 2020.Signed by Judge Tanya S. Chutkan on 11/17/19. (DJS) (Entered: 11/17/2019)
2019-11-18		Set/Reset Deadlines: Cross Motion due by 12/3/2019. Response to Cross Motion due by 1/7/2020. Reply to Cross Motion due by 1/23/2020. Response to Motion for Summary Judgment due by 12/3/2019. Reply to Motion for Summary Judgment due by 1/7/2020. (tb) (Entered: 11/18/2019)
2019-12-04	22	Memorandum in opposition to re 20 MOTION for Summary Judgment with Response to Statement of Facts filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Declaration with attached Exhibit, # 2 Text of Proposed Order)(Burke, Lauren) (Entered: 12/04/2019)
2019-12-04	23	Cross MOTION for Summary Judgment with Statement of Facts in Support by JUDICIAL WATCH, INC. (Attachments: # 1 Declaration with attached Exhibit, # 2 Text of Proposed Order)(Burke, Lauren) (Entered: 12/04/2019)
2019-12-04	24	MOTION for Order To Accept Memorandum in Opposition to Summary Judgment as Timely Filed by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Burke, Lauren) (Entered: 12/04/2019)
2019-12-04	25	ENTERED IN ERROR. . . . .MOTION for Order To Accept Cross-Motion for Summary Judgment as Timely Filed by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Burke, Lauren) Modified on 12/4/2019 (ztd). (Entered: 12/04/2019)
2019-12-04		NOTICE OF CORRECTED DOCKET ENTRY: re 25 MOTION for Order To Accept Cross-Motion for Summary Judgment as Timely Filed was entered in error as it is a duplicate of docket entry no. 25 . (ztd) (Entered: 12/04/2019)
2019-12-11		MINUTE ORDER: Plaintiff's Motion 24 to Accept Opposition as Timely Filed is hereby GRANTED. Signed by Judge Tanya S. Chutkan on 12/11/19. (DJS) (Entered: 12/11/2019)
2020-01-02	26	Unopposed MOTION to Stay the Summary Judgment Briefing Schedule by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Proposed Order)(Gerardi, Michael) (Entered: 01/02/2020)
2020-01-07		MINUTE ORDER granting Defendant's Unopposed 26 Motion to Stay. All prior deadlines are hereby STAYED. The parties shall submit a joint status report and proposed order no later than February 28, 2020. Signed by Judge Tanya S. Chutkan on 1/7/20. (DJS) (Entered: 01/07/2020)
2020-01-08		Set/Reset Deadlines: Joint Status Report due by 2/28/2020. (tb) (Entered: 01/08/2020)
2020-02-28	27	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 02/28/2020)
2020-03-02		MINUTE ORDER: Having considered the parties' joint status report 27 , it is hereby ordered that the parties shall adhere to the following deadlines: DOJ's combined reply in support of its motion for summary judgment/opposition to motion for summary judgment due April 2, 2020. Judicial Watch's reply in support of its motion for summary judgment due April 29, 2020. Signed by Judge Tanya S. Chutkan on 3/2/2020. (DJS) (Entered: 03/02/2020)
2020-03-04		Set/Reset Deadlines: Response to Cross Motion due by 4/2/2020. Reply to Cross Motion due by 4/29/2020. Reply to Motion for Summary Judgment due by 4/2/2020. (tb) (Entered: 03/04/2020)
2020-04-02	28	RESPONSE re 23 Cross MOTION for Summary Judgment with Statement of Facts in Support filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Seidel Declaration)(Gerardi, Michael) (Entered: 04/02/2020)
2020-04-02	29	REPLY to opposition to motion re 20 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Seidel Declaration)(Gerardi, Michael) (Entered: 04/02/2020)
2020-04-29	30	REPLY to opposition to motion re 23 Cross MOTION for Summary Judgment with Statement of Facts in Support filed by JUDICIAL WATCH, INC.. (Burke, Lauren) (Entered: 04/29/2020)
2020-11-25	31	MEMORANDUM AND OPINION re Defendant's 20 Motion for Summary Judgment; Plaintiff's 23 Cross-Motion for Summary Judgment. Signed by Judge Tanya S. Chutkan on 11/25/2020. (lcfb) (Entered: 11/25/2020)
2020-11-25	32	ORDER granting 20 Defendant's Motion for Summary Judgment; denying 23 Plaintiff's Cross-Motion for Summary Judgment. Signed by Judge Tanya S. Chutkan on 11/25/2020. (lcfb) (Entered: 11/25/2020)
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