Case Detail

FOIA Project Annotation: Judge Christopher Cooper has ruled that the Department of State properly withheld records under Exemption 5 (privileges) in response to a FOIA request from Judicial Watch for records concerning the agency's use by employees of the U.S. Embassy in Kiev of the app CrowdTangle to monitor social media activity by several American journalists and Donald Trump Jr. in response to an investigation by journalists into President Joe Biden's son, Hunter Biden, who was employed by the Ukrainian based company Burisma Holdings from April 2014 to April 2019. Judicial Watch requested the scope of the agency's search include unclassified and classified emails and record management systems used by former U.S. Ambassador to Ukraine Marie Yovanovitch, Deputy Assistant Secretary (DAS) George Kent, the U.S. Embassy in Kiev, the Bureau of European and Eurasian Affairs (EUR), the Bureau of Global Public Affairs (OPA), and the Office of the Legal Advisor. The agency located 100 responsive records, releasing five documents in full, and 95 in part. Judicial Watch challenged the agency's decision to withhold eight documents in part. Cooper found that the State Department had justified its claim that all the records were protected by the deliberative process privilege and that the agency had also substantiated that disclosure would cause foreseeable harm. Explaining the level of analysis required to justify the foreseeable harm threshold, Cooper observed that "the D.C. Circuit [in Machado Amadis v. Dept of State, 971 F.3d 364 (D.C. Cir. 2020)] recently sustained a similar withholding under the deliberative process privilege where the agency explained the foreseeable harm at a roughly equivalent level of detail." He indicated that "the record establishes that the State Department 'reasonably concluded that disclosure' of the redacted parts of [the documents] 'would likely impair the candid discussion' of sensitive legal issues in the future. Therefore, this material was properly withheld."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 5 - Privileges - Deliberative process privilege - Predecisional

Date Filed	Doc #	Docket Text
2020-01-16	1	COMPLAINT against U.S. DEPARTMENT OF STATE ( Filing fee $ 400 receipt number ADCDC-6740165) 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 State)(Orfanedes, Paul) (Entered: 01/16/2020)
2020-01-16	2	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Orfanedes, Paul) (Entered: 01/16/2020)
2020-01-21		Case Assigned to Judge Christopher R. Cooper. (zsb) (Entered: 01/21/2020)
2020-01-21	3	SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 01/21/2020)
2020-01-27	4	NOTICE of Appearance by Jason Blaine Aldrich on behalf of JUDICIAL WATCH, INC. (Aldrich, Jason) (Entered: 01/27/2020)
2020-01-29	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/28/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 2/27/2020.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/28/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 1/28/2020 (Attachments: # 1 Declaration of Cristina Rotaru)(Orfanedes, Paul) (Entered: 01/29/2020)
2020-02-27	6	NOTICE of Appearance by Derek S. Hammond on behalf of All Defendants (Hammond, Derek) (Entered: 02/27/2020)
2020-02-27	7	ANSWER to Complaint by U.S. DEPARTMENT OF STATE.(Hammond, Derek) (Entered: 02/27/2020)
2020-02-27		MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties promptly confer and file a joint proposed schedule for briefing or disclosure by Thursday, March 12, 2020. Signed by Judge Christopher R. Cooper on 02/27/2020. (lccrc3) (Entered: 02/27/2020)
2020-03-12	8	Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Hammond, Derek) (Entered: 03/12/2020)
2020-03-12		MINUTE ORDER: In light of 8 Joint Status Report, the parties are hereby ORDERED to file a further joint status report on or before April 13, 2020. Signed by Judge Christopher R. Cooper on 03/12/2020. (lccrc3) (Entered: 03/12/2020)
2020-03-13		Set/Reset Deadlines: Joint Status Report due by 4/13/2020 (lsj) (Entered: 03/13/2020)
2020-04-13	9	Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Hammond, Derek) (Entered: 04/13/2020)
2020-04-14		MINUTE ORDER: In light of 9 Joint Status Report, the parties are hereby ORDERED to file a further joint status report on or before June 15, 2020. Signed by Judge Christopher R. Cooper on 04/14/2020. (lccrc3) (Entered: 04/14/2020)
2020-04-15		Set/Reset Deadlines: Joint Status Report due by 6/15/2020 (lsj) (Entered: 04/15/2020)
2020-06-15	10	Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Hammond, Derek) (Entered: 06/15/2020)
2020-06-17		MINUTE ORDER: In light of 10 Joint Status Report, the parties are hereby ORDERED to file a further joint status report on or before August 15, 2020. Signed by Judge Christopher R. Cooper on 06/17/2020. (lccrc3) (Entered: 06/17/2020)
2020-06-18		Set/Reset Deadlines: Joint Status Report due by 8/15/2020 (lsj) (Entered: 06/18/2020)
2020-08-14	11	Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Hammond, Derek) (Entered: 08/14/2020)
2020-08-17		MINUTE ORDER: In light of 11 Joint Status Report, the parties are hereby ORDERED to file a further joint status report on or before October 15, 2020. Signed by Judge Christopher R. Cooper on 08/17/2020. (lccrc3) (Entered: 08/17/2020)
2020-08-17		Set/Reset Deadlines: Status Report due by 10/15/2020 (lsj) (Entered: 08/17/2020)
2020-10-15	12	Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Hammond, Derek) (Entered: 10/15/2020)
2020-10-15		STATUS REPORT MINUTE ORDER: In light of the 12 Joint Status Report, the parties are hereby ORDERED to file a further joint status report on or before 12/15/2020. If any disputes remain, the Joint Status Report due 12/15/2020 shall include a proposed schedule for prompt summary judgment briefing. Signed by Judge Christopher R. Cooper on 10/15/2020. (lccrc3) Modified to add "minute" on 10/21/2020 (znmw). (Entered: 10/15/2020)
2020-12-15	13	Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Hammond, Derek) (Entered: 12/15/2020)
2020-12-21		MINUTE ORDER: Upon consideration of the 13 Joint Status Report, the Court hereby sets the following deadlines for briefing on any disputes that may remain after the anticipated production of the Vaughn index. Defendant shall file any motion for summary judgment on or before February 18, 2021. Plaintiff shall file any cross-motion for summary judgment, together with its opposition to defendant's motion, by March 4, 2021. Defendant shall file any reply in support of its motion for summary judgment, together with its response to plaintiff's cross-motion, by March 18, 2021. Plaintiff shall file any reply in support of its cross-motion on or before April 1, 2021. Signed by Judge Christopher R. Cooper on 12/21/2020. (lccrc3) (Entered: 12/21/2020)
2021-02-18	14	MOTION for Summary Judgment by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of Eric F. Stein, # 4 Text of Proposed Order)(Hammond, Derek) (Entered: 02/18/2021)
2021-03-03	15	Consent MOTION for Extension of Time to File Opposition to Motion for Summary Judgment by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Aldrich, Jason) Modified event on 3/3/2021 (ztd). (Entered: 03/03/2021)
2021-03-04		MINUTE ORDER granting 15 Motion for Extension of Time to File Opposition to Motion for Summary Judgment. Plaintiff shall file its opposition to the 14 Motion for Summary Judgment on or before March 22, 2021. Signed by Judge Christopher R. Cooper on 03/04/2021. (lccrc3) (Entered: 03/04/2021)
2021-03-22	16	Memorandum in opposition to re 14 MOTION for Summary Judgment filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Aldrich, Jason) (Entered: 03/22/2021)
2021-03-22	17	Cross MOTION for Summary Judgment by JUDICIAL WATCH, INC.. (Aldrich, Jason) (Entered: 03/22/2021)
2021-03-29	18	Consent MOTION for Extension of Time to File Response/Reply by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 03/29/2021)
2021-03-30		MINUTE ORDER granting 18 Consent Motion for Extension of Time to File Response/Reply. Defendant shall file its combined reply in support of its motion for summary judgment and opposition to Plaintiff's cross-motion for summary judgment on or before April 19, 2021. Plaintiff's reply in support of its cross-motion for summary judgment is due May 4, 2021. Signed by Judge Christopher R. Cooper on 03/30/2021. (lccrc3) (Entered: 03/30/2021)
2021-04-19	19	REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Declaration of Eric F. Stein)(Hammond, Derek) (Entered: 04/19/2021)
2021-04-19	20	Memorandum in opposition to re 17 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Declaration of Eric F. Stein)(Hammond, Derek) (Entered: 04/19/2021)
2021-05-04	21	REPLY to opposition to motion re 17 Cross MOTION for Summary Judgment filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit Exhibit 1)(Aldrich, Jason) (Entered: 05/04/2021)
2021-07-15		MINUTE ORDER: It is hereby ordered that, on or before July 22, 2021, defendant shall submit to the Court ex parte: (1) unredacted versions of the documents identified in defendant's Vaughn indexes as Documents 7 and 8; and (2) redacted versions of Documents 7 and 8 reflecting which portions of those documents have been withheld from plaintiff. Signed by Judge Christopher R. Cooper on 07/15/2021. (lccrc3) (Entered: 07/15/2021)
2021-07-21	22	NOTICE of Delivery of Documents for In Camera Inspection by U.S. DEPARTMENT OF STATE (Hammond, Derek) (Entered: 07/21/2021)
2021-08-17	23	ORDER granting 14 Defendant's Motion for Summary Judgment, and denying 17 Plaintiff's Motion for Summary Judgment. See full Order and accompanying Memorandum Opinion for details. Signed by Judge Christopher R. Cooper on 08/17/2021. (lccrc3) (Entered: 08/17/2021)
2021-08-17	24	MEMORANDUM OPINION re: 23 Order granting 14 Defendant's Motion for Summary Judgment and denying 17 Plaintiff's Motion for Summary Judgement. Signed by Judge Christopher R. Cooper on 08/17/2021. (lccrc3) (Entered: 08/17/2021)
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