Case Detail

FOIA Project Annotation: Judge Christopher Cooper has ruled that the Secret Service properly invoked Exemption 7(E) (investigative methods or techniques) and Exemption 7(F) (harm to a person) to withhold records that could help identify the costs paid by the agency to the Trump Turnberry Resort in connection with President Trump's visit there in 2018. The Department of Homeland Security acknowledged the costs included $322,427 for hotel rooms. The costs of the trip were audited by the Department of Homeland Security's Office of the Inspector General after receiving a request from several members of Congress. The public version of the report contained the estimated amounts paid by the Secret Service for hotel rooms and other associated costs. However, the public version redacted the total cost of the trip as well as the number of Secret Service personnel. When CREW requested an unredacted version of the public report, the agency denied the request under 7(E), arguing that disclosing that information would allow CREW to glean insights into the number of agents used to protect Trump. Cooper first noted that the records qualified as law enforcement records. He pointed out that "such recordkeeping by the Secret Service qualifies as 'compiling' information 'for law enforcement purposes'" and added that "that the Secret Service's data were later repackaged and discussed in the OIG Report does not make the data subject to disclosure, regardless of whether the OIG Report itself was compiled for law enforcement purposes." He pointed out that the agency's affidavit indicated that 'the ability to estimate the size of a future Secret Service detail. . .would put adversaries in a better position to 'plan, disable, or circumvent the Secret Service protective techniques.' On its face, this is a logical and straightforward explanation of why revealing the number of Secret Service personnel on the trip 'might increase the risk' of future crimes targeting the Secret Service and its protectees." Further, Cooper observed that "the mosaic theory applies squarely to this case." He noted that "nothing in the record contradicts [the agency's] representation that releasing the number of Secret Service personnel on the trip could help adversaries piece together the agency's travel-staffing techniques." Cooper found that the agency had met the foreseeable harm standard for both exemptions. He observed that the agency's affidavit "provides a specific explanation of how disclosure of information about the size of the President's Secret Service detail would result in foreseeable risks of harm to agents and those they protect. While CREW suggests the Court should demand an even higher degree of foreseeability, doing so would mean ignoring the D.C. Circuit's precedents defining the substantive standards under Exemption 7(E) and 7(F)." Her also rejected CREW's claim that the room rates should be disclosed. He noted that "the record supports a conclusion that the room rates would be useful for at least estimating the size of the Secret Service detail." He pointed out that "DHS's theory of harm from the release of the room rates is more attenuated than its argument for redacting the actual size of the Secret Service detail, since the room rates would imply only an approximate number of Secret Service personnel. Still, DHS's burden under Exemption 7(E) and 7(F) is modest and the agency has amply carried that burden as to room rates."
Issues: Exemption 7(E) - Investigative methods or techniques, Exemption 7(E) - Unknown to public

Date Filed	Doc #	Docket Text
2020-05-27	1	COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number ADCDC-7164649) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Summons Dep't of Homeland Security, # 2 Summons U.S. Attorney, # 3 Summons Attorney General, # 4 Civil Cover Sheet)(Weismann, Anne) (Entered: 05/27/2020)
2020-05-27	2	ERRATA by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON 1 Complaint, filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Summons U.S. Attorney, # 2 Summons Attorney General, # 3 Summons U.S. Dep't of Homeland Security)(Weismann, Anne) (Entered: 05/27/2020)
2020-05-27	3	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Weismann, Anne) (Entered: 05/27/2020)
2020-05-28		Case Assigned to Judge Christopher R. Cooper. (adh, ) (Entered: 05/28/2020)
2020-05-28	4	SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 05/28/2020)
2020-06-17	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/9/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 7/9/2020.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 6/8/2020 (Weismann, Anne) (Entered: 06/17/2020)
2020-07-09	6	NOTICE of Appearance by Jane M. Lyons on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY (Lyons, Jane) (Entered: 07/09/2020)
2020-07-09	7	ANSWER to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY.(Lyons, Jane) (Entered: 07/09/2020)
2020-07-10		MINUTE ORDER: Before the Court in this FOIA case are a Complaint and an Answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure by July 24, 2020. Signed by Judge Christopher R. Cooper on 7/10/20. (lccrc1) (Entered: 07/10/2020)
2020-07-10		Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 7/24/2020 (lsj) (Entered: 07/10/2020)
2020-07-22	8	Joint STATUS REPORT and Proposed Briefing Schedule by U.S. DEPARTMENT OF HOMELAND SECURITY. (Lyons, Jane) (Entered: 07/22/2020)
2020-07-22		MINUTE ORDER: In light of the parties' 8 joint status report, the Court hereby ORDERS that summary judgment briefing will proceed as follows: Defendant's motion for summary judgment is due August 12, 2020; Plaintiff's opposition is due September 2, 2020; Defendant's reply is due September 23, 2020. Signed by Judge Christopher R. Cooper on 7/22/20. (lccrc1) (Entered: 07/22/2020)
2020-07-23		Set/Reset Deadlines: Summary Judgment motions due by 8/12/2020. Response to Motion for Summary Judgment due by 9/2/2020. Reply to Motion for Summary Judgment due by 9/23/2020. (lsj) (Entered: 07/23/2020)
2020-08-12	9	MOTION for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Statement of Facts, # 2 Exhibit 1 - Declaration of Ronald L. Rowe, Jr., # 3 Exhibit 2 - Declaration of Camille Calender, # 4 Exhibit 3 - OIG Report (redacted), # 5 Text of Proposed Order)(Lyons, Jane) (Entered: 08/12/2020)
2020-09-02	10	Memorandum in opposition to re 9 MOTION for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Weismann, Anne) (Entered: 09/02/2020)
2020-09-02	11	Cross MOTION for Summary Judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Weismann, Anne) (Entered: 09/02/2020)
2020-09-23	12	REPLY to opposition to motion re 9 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Lyons, Jane) (Entered: 09/23/2020)
2020-09-23	13	Memorandum in opposition to re 11 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Statement of Facts (Response to Plaintiff's), # 2 Text of Proposed Order)(Lyons, Jane) (Entered: 09/23/2020)
2020-09-28	14	Unopposed MOTION for Extension of Time to File Response/Reply as to 11 Cross MOTION for Summary Judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) (Entered: 09/28/2020)
2020-09-29		MINUTE ORDER granting 14 Motion for Extension of Time to File Reply re 11 Cross Motion for Summary Judgment. Plaintiff shall file its Reply on or before 10/7/2020. Signed by Judge Christopher R. Cooper on 09/29/2020. (lccrc3) (Entered: 09/29/2020)
2020-10-06	15	REPLY to opposition to motion re 11 Cross MOTION for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Weismann, Anne) (Entered: 10/06/2020)
2021-03-12	16	ORDER granting 9 Defendant's Motion for Summary Judgment and denying 11 Plaintiff's Motion for Summary Judgment. See full Order and accompanying Memorandum Opinion for details. Signed by Judge Christopher R. Cooper on 03/12/2021. (lccrc3) (Entered: 03/12/2021)
2021-03-12	17	MEMORANDUM OPINION re: 16 Order granting 9 Defendant's Motion for Summary Judgment and denying 11 Plaintiff's Cross-Motion for Summary Judgment. Signed by Judge Christopher R. Cooper on 03/12/2021. (lccrc3) (Entered: 03/12/2021)
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