Case Detail

FOIA Project Annotation: A federal court in New York has ruled that the Executive Office for U.S. Attorneys properly withheld 27 interviews conducted as part of the Justice Department's investigation of campaign finance violations by Michael Cohen under Exemption 5 (privileges). American Oversight requested the interviews, which consisted primarily of FBI 302 reports. In response to the request, EOUSA withheld 20 interviews in full and redacted portions of seven others, citing Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records) as well. However, since Judge Lorna Schofield found all the exemption claims were supported by Exemption 5, she did not rule on either privacy exemption. Schofield indicated that all the records were protected by the attorney work product privilege. American Oversight argued that DOJ had waived the attorney work product privilege because the content of the interviews had been disclosed to the interview subjects. Schofield rejected that claim, noting that "the records themselves have never been disclosed by the DOJ's adversaries or the public, and the records necessarily reflect the thought processes of those who created them â€" including what is omitted, what is recorded, how it is recorded, how it is characterized, what is emphasized, how it is organized, and so forth." She added that "disclosing only certain of the 27 records because they reflect interviews of subject or targets of the investigation would reveal the never disclosed fact of who were the uncharged subjects and targets of the investigation." Schofield also rejected American Oversight's claim that the government had not shown that the FBI agents who conducted the interviews were covered by the attorney work product privilege. She pointed out that "representatives of a party are not limited to attorneys or attorneys' agents, but rather include 'the other party's attorney, consultant. . .or agent.' The Special Agents who drafted the interview records were unquestionably agents of the United States, the party in question in any federal criminal prosecution."
Issues: Exemption 5 - Privileges - Attorney work-product privilege

Date Filed	Doc #	Docket Text
2019-09-04	1	COMPLAINT against Federal Bureau of Investigation, U.S. Department of Justice. (Filing Fee $ 400.00, Receipt Number ANYSDC-17538734)Document filed by American Oversight. (Attachments: # 1 Exhibit A)(Evers, Austin) (Entered: 09/04/2019)
2019-09-04	2	CIVIL COVER SHEET filed. (Evers, Austin) (Entered: 09/04/2019)
2019-09-04	3	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Oversight.(Evers, Austin) (Entered: 09/04/2019)
2019-09-04	4	REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice, re: 1 Complaint. Document filed by American Oversight. (Evers, Austin) (Entered: 09/04/2019)
2019-09-04	5	REQUEST FOR ISSUANCE OF SUMMONS as to Federal Bureau of Investigation, re: 1 Complaint. Document filed by American Oversight. (Evers, Austin) (Entered: 09/04/2019)
2019-09-04	6	MOTION for Daniel A. McGrath to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17542816. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Oversight. (Attachments: # 1 Affidavit and Certificates of Good d Standing, # 2 Text of Proposed Order for Pro Hac Vice Admission)(Evers, Austin) (Entered: 09/04/2019)
2019-09-05		***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Austin Ridgely Evers. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) (Entered: 09/05/2019)
2019-09-05		CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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 . (jgo) (Entered: 09/05/2019)
2019-09-05		Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (jgo) (Entered: 09/05/2019)
2019-09-05		Case Designated ECF. (jgo) (Entered: 09/05/2019)
2019-09-05	7	ELECTRONIC SUMMONS ISSUED as to Federal Bureau of Investigation. (jgo) (Entered: 09/05/2019)
2019-09-05	8	ELECTRONIC SUMMONS ISSUED as to U.S. Department of Justice. (jgo) (Entered: 09/05/2019)
2019-09-05		>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 6 MOTION for Daniel A. McGrath to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17542816. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu) (Entered: 09/05/2019)
2019-09-06	9	ORDER granting 6 Motion for Daniel A. McGrath to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs) (Entered: 09/06/2019)
2019-09-13	10	NOTICE OF APPEARANCE by Daniel Alexander McGrath on behalf of American Oversight. (McGrath, Daniel) (Entered: 09/13/2019)
2019-09-13	11	AFFIDAVIT OF SERVICE (FOIA CASE). Federal Bureau of Investigation served on 9/13/2019, answer due 10/15/2019; U.S. Department of Justice served on 9/13/2019, answer due 10/15/2019. Service was made by Mail. Document filed by American Oversight. (McGrath, Daniel) (Entered: 09/13/2019)
2019-09-20	12	ORDER: Initial Conference set for 11/5/2019 at 10:40 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (As further set forth in this order) (Signed by Judge Lorna G. Schofield on 9/20/2019) (ne) (Entered: 09/20/2019)
2019-10-01	13	NOTICE OF APPEARANCE by Sarah Sheive Normand on behalf of Federal Bureau of Investigation, U.S. Department of Justice. (Normand, Sarah) (Entered: 10/01/2019)
2019-10-02	14	AFFIDAVIT OF SERVICE of Court's Order and Individual Rules served on U.S. Department of Justice & Federal Bureau of Investigation on 9/23/2019. Service was made by Mail. Document filed by American Oversight. (McGrath, Daniel) (Entered: 10/02/2019)
2019-10-15	15	ANSWER to 1 Complaint. Document filed by Federal Bureau of Investigation, U.S. Department of Justice.(Normand, Sarah) (Entered: 10/15/2019)
2019-10-28	16	JOINT LETTER addressed to Judge Lorna G. Schofield from American Oversight, U.S. Dep't of Justice, & FBI dated 10/28/2019 re: Pre-Initial Conference Joint Letter. Document filed by American Oversight.(McGrath, Daniel) (Entered: 10/28/2019)
2019-11-01	17	ORDER: It is hereby ORDERED that the initial pretrial conference, scheduled for November 5, 2019, is adjourned to December 5, 2019 at 10:40 a.m. It is further ORDERED that, by November 29, 2019, the parties shall negotiate a schedule for the search, processing and potential production of responsive documents, and file a joint letter on ECF apprising the Court of that schedule and whether the conference is necessary to resolve any open issues. Initial Conference set for 12/5/2019 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 11/1/2019) (mro) (Entered: 11/01/2019)
2019-11-26	18	JOINT LETTER addressed to Judge Lorna G. Schofield from American Oversight, U.S. Dep't of Justice, & FBI dated 11/26/2019 re: Production Schedule. Document filed by American Oversight.(McGrath, Daniel) (Entered: 11/26/2019)
2019-12-02	19	MEMO ENDORSEMENT on re: 18 Letter filed by American Oversight. ENDORSEMENT: It is ORDERED that Defendants shall produce any non-exempt portions of responsive records by February 7, 2020, pursuant to the production schedule proposed herein. The conference, scheduled for December 5, 2019, is accordingly CANCELED. (Signed by Judge Lorna G. Schofield on 12/2/2019) (cf) (Entered: 12/02/2019)
2020-02-14	20	ORDER: It is hereby ORDERED that the parties shall file a status letter by February 21, 2020, apprising the Court of what next steps, if any, are appropriate in this action. (Signed by Judge Lorna G. Schofield on 2/14/2020) (cf) (Entered: 02/14/2020)
2020-02-21	21	JOINT LETTER addressed to Judge Lorna G. Schofield from American Oversight, U.S. Dep't of Justice, & FBI dated 2/21/2020 re: Briefing Schedule. Document filed by American Oversight..(McGrath, Daniel) (Entered: 02/21/2020)
2020-02-24	22	MEMO ENDORSEMENT on re: 21 Letter filed by American Oversight. ENDORSEMENT: The parties shall continue to meet and confer and, by March 30, 2020, shall file a status letter on ECF to apprise the Court of the remaining disputes still to be resolved by summary judgment briefing. The parties shall comply with this Court's Individual Rules in filing their motions and supporting papers. (Signed by Judge Lorna G. Schofield on 2/24/2020) (cf) (Entered: 02/24/2020)
2020-03-30	23	LETTER MOTION to Stay Summary Judgment Briefing and Status Letter Regarding Issues to Be Resolved by Summary Judgment Briefing, addressed to Judge Lorna G. Schofield from Sarah S. Normand and Daniel A. McGrath dated March 30, 2020. Document filed by Federal Bureau of Investigation, U.S. Department of Justice. (Attachments: # 1 Exhibit Declaration of Michael G. Seidel).(Normand, Sarah) (Entered: 03/30/2020)
2020-03-31	24	ORDER granting 23 Letter Motion to Stay. Application GRANTED. The parties shall file cross-motions for summaryjudgment according to the following schedule: Defendants' Motion for Summary Judgment: June 9, 2020 Plaintiff's Cross-Motion for Summary Judgment and Opposition: June 29, 2020 Defendants' Opposition and Reply: July 28, 2020 Plaintiff's Reply: August 17, 2020 The parties shall continue to meet and confer and, by May 26, 2020, shall file a status letter on ECF to apprise the Court of the remaining disputes still to be resolved by summary judgment briefing, and whether ongoing disruptions require additional delay. (Signed by Judge Lorna G. Schofield on 3/31/2020) (cf) (Entered: 03/31/2020)
2020-03-31		Set/Reset Deadlines: Cross Motions due by 6/29/2020. Motions due by 6/9/2020. Responses due by 7/28/2020 Replies due by 8/17/2020. (cf) (Entered: 03/31/2020)
2020-04-08	25	MOTION for Emma Lewis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19373526. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Oversight. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Text of Proposed Order).(Lewis, Emma) (Entered: 04/08/2020)
2020-04-08		>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 25 MOTION for Emma Lewis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19373526. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (laq) (Entered: 04/08/2020)
2020-04-21	26	ORDER granting 25 Motion for Emma Lewis to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs) (Entered: 04/21/2020)
2020-05-26	27	JOINT LETTER addressed to Judge Lorna G. Schofield from American Oversight, U.S. Dep't of Justice, & FBI dated 05/26/2020 re: Joint Status Letter. Document filed by American Oversight..(McGrath, Daniel) (Entered: 05/26/2020)
2020-06-08	28	LETTER MOTION for Extension of Time for Defendants to File Motion for Summary Judgment addressed to Judge Lorna G. Schofield from AUSA Sarah S. Normand dated June 8, 2020. Document filed by Federal Bureau of Investigation, U.S. Department of Justice..(Normand, Sarah) (Entered: 06/08/2020)
2020-06-09	29	ORDER granting 28 Letter Motion for Extension of Time. Application GRANTED. The application is untimely but is nevertheless granted. The parties shall brief the cross-motions for summary judgment according to the following schedule: Defendants' motion for summary judgment shall be filed by June 19, 2020; Plaintiff's opposition and cross-motion for summary judgment shall be filed by July 17, 2020; Defendants' reply and opposition to Plaintiff's cross-motion shall be filed by August 14, 2020; and Plaintiff's reply shall be filed September 3, 2020. The parties shall comply with this Court's Individual Rules in filing the motion papers. Cross Motions due by 7/17/2020. Motions due by 6/19/2020.. (Signed by Judge Lorna G. Schofield on 6/09/2020) (ama) (Entered: 06/09/2020)
2020-06-09		Set/Reset Deadlines: Responses due by 8/14/2020 Replies due by 9/3/2020. (ama) (Entered: 06/09/2020)
2020-06-19	30	MOTION for Summary Judgment . Document filed by Federal Bureau of Investigation, U.S. Department of Justice..(Normand, Sarah) (Entered: 06/19/2020)
2020-06-19	31	MEMORANDUM OF LAW in Support re: 30 MOTION for Summary Judgment . . Document filed by Federal Bureau of Investigation, U.S. Department of Justice..(Normand, Sarah) (Entered: 06/19/2020)
2020-06-19	32	DECLARATION of AUSA Thomas McKay in Support re: 30 MOTION for Summary Judgment .. Document filed by Federal Bureau of Investigation, U.S. Department of Justice..(Normand, Sarah) (Entered: 06/19/2020)
2020-06-19	33	DECLARATION of Ebony Griffin, EOUSA, in Support re: 30 MOTION for Summary Judgment .. Document filed by Federal Bureau of Investigation, U.S. Department of Justice. (Attachments: # 1 Exhibit A (FOIA Request), # 2 Exhibit B (EOUSA Vaughn Index)).(Normand, Sarah) (Entered: 06/19/2020)
2020-06-19	34	DECLARATION of Michael G. Seidel, FBI, in Support re: 30 MOTION for Summary Judgment .. Document filed by Federal Bureau of Investigation, U.S. Department of Justice. (Attachments: # 1 Exhibit A (FOIA Request), # 2 Exhibit B (FBI Vaughn Index)).(Normand, Sarah) (Entered: 06/19/2020)
2020-07-17	35	MEMORANDUM OF LAW in Opposition re: 30 MOTION for Summary Judgment . . Document filed by American Oversight..(Lewis, Emma) (Entered: 07/17/2020)
2020-07-17	36	DECLARATION of Emma Lewis in Opposition re: 30 MOTION for Summary Judgment .. Document filed by American Oversight..(Lewis, Emma) (Entered: 07/17/2020)
2020-07-17	37	CROSS MOTION for Summary Judgment . Document filed by American Oversight..(Lewis, Emma) (Entered: 07/17/2020)
2020-07-17	38	MEMORANDUM OF LAW in Support re: 37 CROSS MOTION for Summary Judgment . . Document filed by American Oversight..(Lewis, Emma) (Entered: 07/17/2020)
2020-07-17	39	DECLARATION of Emma Lewis in Support re: 37 CROSS MOTION for Summary Judgment .. Document filed by American Oversight..(Lewis, Emma) (Entered: 07/17/2020)
2020-08-14	40	REPLY MEMORANDUM OF LAW in Support re: 30 MOTION for Summary Judgment . and Opposition to Plaintiff's Cross-Motion for Summary Judgment . Document filed by Federal Bureau of Investigation, U.S. Department of Justice..(Normand, Sarah) (Entered: 08/14/2020)
2020-08-14	41	DECLARATION of AUSA Thomas McKay in Support re: 30 MOTION for Summary Judgment .. Document filed by Federal Bureau of Investigation, U.S. Department of Justice..(Normand, Sarah) (Entered: 08/14/2020)
2020-09-03	42	REPLY MEMORANDUM OF LAW in Support re: 37 CROSS MOTION for Summary Judgment . . Document filed by American Oversight..(Lewis, Emma) (Entered: 09/03/2020)
2020-09-11	43	LETTER addressed to Judge Lorna G. Schofield from AUSA Sarah S. Normand dated September 11, 2020 re: Recent Decision in Leopold v. U.S. Department of Justice. Document filed by U.S. Department of Justice. (Attachments: # 1 Exhibit).(Normand, Sarah) (Entered: 09/11/2020)
2020-09-17	44	LETTER addressed to Judge Lorna G. Schofield from Emma Lewis, Counsel, American Oversight dated September 17, 2020 re: American Oversight v. U.S. Department of Justice et al., 1:19-cv-8215-LGS. Document filed by American Oversight..(Lewis, Emma) (Entered: 09/17/2020)
2021-03-15	45	OPINION AND ORDER re: 37 CROSS MOTION for Summary Judgment . filed by American Oversight, 30 MOTION for Summary Judgment . filed by U.S. Department of Justice, Federal Bureau of Investigation. For the foregoing reasons, Plaintiff's motion for summary judgment is denied and Defendants' motion for summary judgment is GRANTED. The Clerk of Court is respectfully directed to close the case. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 3/15/2021) (cf) Transmission to Orders and Judgments Clerk for processing. (Entered: 03/15/2021)
2021-03-16	46	CLERK'S JUDGMENT re: 45 Memorandum & Opinion. in favor of Federal Bureau of Investigation, U.S. Department of Justice against American Oversight. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated March 15, 2021, Plaintiff's motion for summary judgment is denied and Defendants' motion for summary judgment is GRANTED; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/16/2021) (Attachments: # 1 Notice of Right to Appeal) (dt) (Entered: 03/16/2021)
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