Case Detail

FOIA Project Annotation: Judge James Boasberg has ruled that the Department of Justice properly withheld records from journalist Jason Leopold in response to two FOIA requests â€" one concerning congressional inquiries about text messages between FBI agent Peter Strzok and FBI attorney Lisa Page and the second seeking legal opinions pertaining to Robert Mueller's Congressional testimony â€" under Exemption 5 (privileges). The agency located 611 pages responsive to the Strzok/Page text request, disclosing 516 pages in full and 95 in part. The agency discovered an additional 124 responsive pages, withholding three pages under the deliberative process privilege, and 121 pages in full under the attorney-client privilege. In response to the request on legal opinions pertaining to Mueller's congressional testimony, the Office of Legal Counsel located 312 responsive pages. It released 65 pages in part and withheld 16 pages in full under Exemption 5. Another 231 pages were referred to the Office of Information Policy, which released 114 pages with redactions, withheld 38 pages in full under Exemption 5 and found the remaining 79 pages were duplicates. By the time Boasberg ruled, Leopold's only remaining challenge was to whether the agency had sufficiently explained its foreseeable harm claims. Boasberg indicated that the issue here was whether the agency could use a categorical â€" as opposed to a document-by-document â€"approach, and if so, had it appropriately done so here. Boasberg pointed out that the recent D.C. Circuit opinion in Reporters Committee for Freedom of the Press v. FBI, 2021 WL 2753938 (D.C. Cir. July 2, 2021), found that, in the context of the deliberative process privilege, "agencies may sometimes satisfy [the foreseeable harm] burden on a category-by-category basis. . .that is, group together like records." He noted that "if DOJ can 'concretely explain how disclosure [of a particular category] "would" â€" not "could" â€" adversely impair internal deliberations,' therefore, that would be enough for this Court to rule in the Government's favor." Leopold argued that the agency's foreseeable harm explanations were boilerplate because they were frequently repetitive. Boasberg rejected the argument, noting that "while 'nearly identical boilerplate statements' of harm are insufficient, the mere recitation of similar reasoning in showing harm does not by itself render that reasoning 'boilerplate.' If Defendants can specifically and successfully argue why a given reason applies to one category, the Court will not require a completely different rational for others." Applying the foreseeable harm standard to the redactions made in response to Leopold's two requests, Boasberg indicated that "instead of cutting and pasting boilerplate explanations, it carefully outlines the specific foreseeable harm that would be caused by release of [these] particular documents."
Issues: Exemption 7(A) - Categorical exemption

Date Filed	Doc #	Docket Text
2019-09-18	1	COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-6384297) filed by JASON LEOPOLD, BUZZFEED INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet, # 6 Summons)(Topic, Matthew) (Entered: 09/18/2019)
2019-09-18	2	NOTICE of Appearance by Matthew Topic on behalf of BUZZFEED INC., JASON LEOPOLD (Topic, Matthew) (Entered: 09/18/2019)
2019-09-18	3	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BUZZFEED INC., JASON LEOPOLD (Topic, Matthew) (Entered: 09/18/2019)
2019-09-20		Case Assigned to Judge James E. Boasberg. (zeg) (Entered: 09/20/2019)
2019-09-20	4	SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 09/20/2019)
2019-10-09	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 10/1/2019 (Topic, Matthew) (Entered: 10/09/2019)
2019-10-09	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/1/2019. (Topic, Matthew) (Entered: 10/09/2019)
2019-10-09	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/1/2019. Answer due for ALL FEDERAL DEFENDANTS by 10/31/2019. (Topic, Matthew) (Entered: 10/09/2019)
2019-10-31	8	NOTICE of Appearance by Amber Richer on behalf of U.S. DEPARTMENT OF JUSTICE (Richer, Amber) (Entered: 10/31/2019)
2019-10-31	9	ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Richer, Amber) (Entered: 10/31/2019)
2019-10-31		MINUTE ORDER: The Court ORDERS that the parties shall confer and submit a joint proposed briefing schedule by November 14, 2019. So ORDERED by Judge James E. Boasberg on 10/31/2019. (lcjeb1) (Entered: 10/31/2019)
2019-10-31		Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 11/14/2019. (znbn) (Entered: 11/01/2019)
2019-11-14	10	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Richer, Amber) (Entered: 11/14/2019)
2019-11-15		MINUTE ORDER: The Court ADOPTS the parties' 10 Joint Status Report and ORDERS that they shall file a further joint status report by December 16, 2019. So ORDERED by Judge James E. Boasberg on 11/15/2019. (lcjeb1) (Entered: 11/15/2019)
2019-11-15		Set/Reset Deadlines: Status Report due by 12/16/2019. (znbn) (Entered: 11/15/2019)
2019-12-16	11	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Richer, Amber) (Entered: 12/16/2019)
2019-12-16		MINUTE ORDER: The Court ADOPTS the parties' 11 Joint Status Report and ORDERS that they shall file a further Joint Status Report by January 31, 2020. So ORDERED by Judge James E. Boasberg on 12/16/2019. (lcjeb1) (Entered: 12/16/2019)
2019-12-16		Set/Reset Deadlines: Joint Status Report due by 1/31/2020. (nbn) (Entered: 12/18/2019)
2020-01-31	12	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Richer, Amber) (Entered: 01/31/2020)
2020-02-03		MINUTE ORDER: The Court ADOPTS the parties' 12 Joint Status Report and ORDERS that they shall file a further Joint Status Report by March 13, 2020. So ORDERED by Judge James E. Boasberg on 2/3/2020. (lcjeb1) (Entered: 02/03/2020)
2020-02-03		Set/Reset Deadlines: Joint Status Report due by 3/13/2020. (nbn) (Entered: 02/03/2020)
2020-03-13	13	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Richer, Amber) (Entered: 03/13/2020)
2020-03-13		MINUTE ORDER: The Court ADOPTS the parties' 13 Joint Status Report and ORDERS that they shall file a further Joint Status Report by May 15, 2020. So ORDERED by Judge James E. Boasberg on 3/13/2020. (lcjeb1) (Entered: 03/13/2020)
2020-03-13		Set/Reset Deadlines: Joint Status Report due by 5/15/2020. (nbn) (Entered: 03/13/2020)
2020-05-15	14	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Richer, Amber) (Entered: 05/15/2020)
2020-05-18		MINUTE ORDER: The Court ADOPTS the parties' 14 Joint Status Report and ORDERS that they shall file a further Joint Status Report by June 19, 2020. So ORDERED by Judge James E. Boasberg on 5/18/2020. (lcjeb1) (Entered: 05/18/2020)
2020-05-18		Set/Reset Deadlines: Joint Status Report due by 6/19/2020. (znbn) (Entered: 05/18/2020)
2020-06-19	15	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Richer, Amber) (Entered: 06/19/2020)
2020-06-19		MINUTE ORDER: The Court ADOPTS the parties' 15 Joint Status Report and ORDERS that they shall file a further Joint Status Report by July 20, 2020. So ORDERED by Judge James E. Boasberg on 6/19/2020. (lcjeb1) (Entered: 06/19/2020)
2020-06-19		Set/Reset Deadlines: Joint Status Report due by 7/20/2020. (znbn) (Entered: 06/22/2020)
2020-07-20	16	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Richer, Amber) (Entered: 07/20/2020)
2020-07-20		MINUTE ORDER: The Court ADOPTS the parties' 16 Joint Status Report and ORDERS that they shall file a further Joint Status Report by August 19, 2020. So ORDERED by Judge James E. Boasberg on 7/20/2020. (lcjeb1) (Entered: 07/20/2020)
2020-07-20		Set/Reset Deadlines: Joint Status Report due by 8/19/2020. (znbn) (Entered: 07/21/2020)
2020-08-19	17	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Richer, Amber) (Entered: 08/19/2020)
2020-08-19		MINUTE ORDER: The Court ADOPTS the parties' 17 Joint Status Report and ORDERS that they shall file a further joint status report by September 18, 2020. So ORDERED by Judge James E. Boasberg on 08/19/2020. (lcjeb3) (Entered: 08/19/2020)
2020-08-19		Set/Reset Deadlines: Status Report due by 9/18/2020. (znbn) (Entered: 08/21/2020)
2020-09-18	18	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Richer, Amber) (Entered: 09/18/2020)
2020-09-21		MINUTE ORDER: The Court ADOPTS the parties' 18 Joint Status Report and ORDERS that they shall file a proposed briefing schedule by September 25, 2020. So ORDERED by Judge James E. Boasberg on 9/21/2020. (lcjeb1) (Entered: 09/21/2020)
2020-09-21		Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 9/25/2020. (znbn) (Entered: 09/21/2020)
2020-09-25	19	PROPOSED BRIEFING SCHEDULE Joint Proposed Briefing Schedule by U.S. DEPARTMENT OF JUSTICE. (Richer, Amber) (Entered: 09/25/2020)
2020-09-25		MINUTE ORDER: The Court ADOPTS the parties' 19 Joint Proposed Briefing Schedule and ORDERS that: 1) Defendant shall file its motion for summary judgment by November 24, 2020; (2) Plaintiffs shall file their cross-motion for summary judgment and opposition to Defendant's motion by January 25, 2021; (3) Defendant shall file its reply in support of its motion and opposition to Plaintiffs' cross-motion by February 24, 2021; and (4) Plaintiffs shall file their reply in support of their cross-motion by March 26, 2021. So ORDERED by Judge James E. Boasberg on 9/25/2020. (lcjeb1) (Entered: 09/25/2020)
2020-09-25		Set/Reset Deadlines: Summary Judgment motions due by 11/24/2020. Response to Motion for Summary Judgment due by 1/25/2021. Cross Motions due by 1/25/2021. Reply to Motion for Summary Judgment due by 2/24/2021. Response to Cross Motions due by 2/24/2021. Reply to Cross Motions due by 3/26/2021. (znbn) (Entered: 09/28/2020)
2020-11-17	20	Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Richer, Amber) (Entered: 11/17/2020)
2020-11-17		MINUTE ORDER GRANTING Consent 20 Motion for Extension of Time. The Court ORDERS that: 1) Defendant shall file its motion for summary judgment by December 8, 2020; (2) Plaintiffs shall file their cross-motion for summary judgment and opposition to Defendant's motion by January 25, 2021; (3) Defendant shall file its reply in support of its motion and opposition to Plaintiffs' cross-motion by February 24, 2021; and (4) Plaintiffs shall file their reply in support of their cross-motion by March 26, 2021. So ORDERED by Judge James E. Boasberg on 11/17/2020. (lcjeb1) (Entered: 11/17/2020)
2020-11-17		Set/Reset Deadlines: Summary Judgment motions due by 12/8/2020. Response to Motion for Summary Judgment due by 1/25/2021. Cross Motions due by 1/25/2021. Reply to Motion for Summary Judgment due by 2/24/2021. Response to Cross Motions due by 2/24/2021. Reply to Cross Motions due by 3/26/2021. (znbn) (Entered: 11/18/2020)
2020-12-08	21	Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Richer, Amber) (Entered: 12/08/2020)
2020-12-08		MINUTE ORDER GRANTING Consent 21 Motion for Extension of Time. The Court ORDERS that: 1) Defendant shall file its motion for summary judgment by December 11, 2020; and 2) All other briefing deadlines remain unchanged. So ORDERED by Judge James E. Boasberg on 12/8/2020. (lcjeb1) (Entered: 12/08/2020)
2020-12-08		Set/Reset Deadlines: Summary Judgment motions due by 12/11/2020. (nbn) (Entered: 12/08/2020)
2020-12-11	22	MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support Memorandum of Points and Authorities, # 2 Declaration Declaration of Vanessa R. Brinkmann, # 3 Declaration Declaration of Paul P. Colborn, # 4 Statement of Facts, # 5 Text of Proposed Order, # 6 Certificate of Service)(Richer, Amber) (Entered: 12/11/2020)
2021-01-25	23	Cross MOTION for Summary Judgment by BUZZFEED, INC., JASON LEOPOLD. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit A-J, # 4 Exhibit K-T, # 5 Exhibit U-W, # 6 Statement of Facts Response to Statement of Facts, # 7 Text of Proposed Order)(Topic, Matthew) (Entered: 01/25/2021)
2021-01-25	24	Memorandum in opposition to re 22 MOTION for Summary Judgment filed by BUZZFEED, INC., JASON LEOPOLD. (Attachments: # 1 Statement of Facts, # 2 Exhibit A-J, # 3 Exhibit K-T, # 4 Exhibit U-W, # 5 Statement of Facts Response to Statement of Facts, # 6 Text of Proposed Order)(Topic, Matthew) (Entered: 01/25/2021)
2021-02-18	25	Consent MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Summary Judgment , 23 Cross MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Richer, Amber) (Entered: 02/18/2021)
2021-02-18		MINUTE ORDER GRANTING Consent 25 Motion for Extension of Time. The Court ORDERS that Defendant shall file its reply in support of its motion and opposition to Plaintiffs' cross-motion by March 3, 2021. So ORDERED by Judge James E. Boasberg on 2/18/2021. (lcjeb1) (Entered: 02/18/2021)
2021-02-18		Set/Reset Deadlines: Reply to Cross Motions due by 3/3/2021. (znbn) (Entered: 02/19/2021)
2021-03-03	26	Memorandum in opposition to re 23 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Second Brinkmann Declaration, # 2 Declaration Second Colborn Declaration, # 3 Statement of Facts Response to Plaintiffs' Statement of Facts, # 4 Text of Proposed Order)(Richer, Amber) (Entered: 03/03/2021)
2021-03-03	27	REPLY to opposition to motion re 22 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Second Brinkmann Declaration, # 2 Declaration Second Colborn Declaration, # 3 Statement of Facts Response to Plaintiffs' Statement of Facts, # 4 Text of Proposed Order)(Richer, Amber) (Entered: 03/03/2021)
2021-03-22	28	Unopposed MOTION for Extension of Time to File Plaintiff's Reply in Support of Cross-Motion for Summary Judgment by BUZZFEED, INC., JASON LEOPOLD. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 03/22/2021)
2021-03-22		MINUTE ORDER GRANTING Unopposed 28 Motion for Extension of Time. The Court ORDERS that Plaintiffs shall file their reply in support of their cross-motion by April 9, 2021. So ORDERED by Judge James E. Boasberg on 3/22/2021. (lcjeb1) (Entered: 03/22/2021)
2021-03-22		Set/Reset Deadlines: Reply to Cross Motions due by 4/9/2021. (znbn) (Entered: 03/22/2021)
2021-04-08	29	STIPULATION of Dismissal Without Prejudice by BUZZFEED, INC., JASON LEOPOLD. (Topic, Matthew) (Entered: 04/08/2021)
2021-04-08		MINUTE ORDER: Per the parties 29 Stipulation, the Court ORDERS that Count II is DISMISSED WITHOUT PREJUDICE. So ORDERED by Judge James E. Boasberg on 4/8/2021. (lcjeb1) Modified on 4/8/2021 (nbn). (Entered: 04/08/2021)
2021-04-09	30	REPLY to opposition to motion re 23 Cross MOTION for Summary Judgment filed by BUZZFEED, INC., JASON LEOPOLD. (Topic, Matthew) (Entered: 04/09/2021)
2021-07-14	31	NOTICE OF SUPPLEMENTAL AUTHORITY by BUZZFEED, INC., JASON LEOPOLD (Attachments: # 1 Exhibit A)(Topic, Matthew) (Entered: 07/14/2021)
2021-07-23	32	ORDER: The Court ORDERS that: 1) The Government's 22 Motion for Summary Judgment is GRANTED; 2) Plaintiffs' 23 Cross-Motion for Summary Judgment is DENIED; and 3) Judgment is ENTERED in favor of Defendant. Signed by Judge James E. Boasberg on 7/23/2021. (lcjeb2) (Entered: 07/23/2021)
2021-07-23	33	MEMORANDUM OPINION re 32 Order on Cross-Motions for Summary Judgment. Signed by Judge James E. Boasberg on 7/23/2021. (lcjeb2) (Entered: 07/23/2021)
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