Case Detail

FOIA Project Annotation: Judge Rudolph Contreras has ruled that the FBI may invoke a Glomar response neither confirming nor denying the existence of records in response to a request from the Project for Privacy and Accountability Surveillance for one category of records concerning communications between the agency and Congress pertaining to the unmasking of members of Congress but must conduct a search for another category. PPAS argued that the FBI had waived its right to invoke a Glomar response because documents like the Gates Procedures, which provide guidance to intelligence agencies on unmasking procedures, and the Grenell Memo, which declassified a specific incident involving unmasking the identity of former National Security Advisor Michael Flynn, were in the public domain. Addressing that argument first, Contreras noted the Grenell Memo did not address the same set of circumstances. He observed that "the Grenell Memo cannot constitute public acknowledgement for the simple reason that disclosures about General Flynn say nothing about the unmasking of members of Congress. Item 35 concerns the unmasking of members of Congress, not just any public official." Noting the Gates Procedures came closer to the mark, Contreras indicated that "the Gates Procedures do not say that the FBI possesses communications with Congress about its unmasking activities." He pointed out that "at best, the existence of the procedures, coupled with the DNI's statement that congressional unmasking occurs 'on occasion,' reveals that members of the Intelligence Community engages in congressional unmasking â€" but not necessarily the FBI in particular." He noted that "of course, the Gates Procedures do not rule out the possibility that the FBI possesses communications with Congress concerning congressional unmasking â€" but that is beside the point. The Project's burden is to show that these procedures confirm that the FBI possesses such information, and it has not met it." Turning to whether the FBI had properly invoked its Glomar response, Contreras indicated that operational files were protected under both Exemption 1 (national security) and Exemption 3 (other statutes). PPAS argued that because the documents may have been improperly classified, Exemption 1 did not apply. However, Contreras observed that "the Project's argument is creative, but the Court need not reach it because Exemption 3 provides an independent basis to support the FBI's Glomar response as to any declassified documents." Contreras found that policy documents were implicated in PPAS's request and were not covered by a Glomar response and thus were subject to search. He indicated that "unlike with 'operational documents,' acknowledging the mere existence of 'policy documents' would not necessarily reveal sensitive information about the FBI's intelligence activities, sources, or methods under Exemption 1 and 3. At most, their existence would show Congress's interest in this field but not necessarily uncover anything about the FBI's activities or capabilities."
Issues: Determination - Glomar response, Adequacy - Search

Date Filed	Doc #	Docket Text
2021-09-07	1	COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-8714349) filed by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet, # 8 Summons Department of Justice, # 9 Summons US Attorney General, # 10 Summons US Attorney for DC)(Schaerr, Gene) (Entered: 09/07/2021)
2021-09-07	2	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC. (Schaerr, Gene) (Entered: 09/07/2021)
2021-09-08		Case Assigned to Judge Rudolph Contreras. (znmg) (Entered: 09/08/2021)
2021-09-08	3	SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 09/08/2021)
2021-09-29	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/13/2021. Answer due for ALL FEDERAL DEFENDANTS by 10/13/2021. (Schaerr, Gene) (Entered: 09/29/2021)
2021-09-29	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/13/2021. (Schaerr, Gene) (Entered: 09/29/2021)
2021-09-29	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 9/13/2021 (Schaerr, Gene) (Entered: 09/29/2021)
2021-10-13	7	ANSWER to Complaint by UNITED STATES DEPARTMENT OF JUSTICE.(Taylor, Kristin) (Entered: 10/13/2021)
2021-10-13		MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and jointly submit a proposed briefing schedule on or before October 28, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 10/13/2021. (lcrc1) (Entered: 10/13/2021)
2021-10-28	8	PROPOSED BRIEFING SCHEDULE re Order to Submit Joint Proposed Briefing Schedule by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Text of Proposed Order)(Schaerr, Gene) (Entered: 10/28/2021)
2021-10-28		MINUTE ORDER adopting 8 the parties' Proposed Briefing Schedule: It is hereby ORDERED that the following schedule shall govern further proceedings: Defendant shall file its motion for summary judgment on or before January 14, 2022; Plaintiff shall file its combined opposition and cross-motion for summary judgment on or before February 25, 2022; Defendant shall file its combined opposition and reply on or before March 11, 2022; and Plaintiff shall file its reply on or before March 25, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 10/28/2021. (lcrc1) (Entered: 10/28/2021)
2021-10-29		Set/Reset Deadlines: Cross Motions due by 2/25/2022. Response to Cross Motions due by 3/11/2022. Reply to Cross Motions due by 3/25/2022. Summary Judgment motions due by 1/14/2022. Response to Motion for Summary Judgment due by 2/25/2022. Reply to Motion for Summary Judgment due by 3/11/2022. (tj) (Entered: 10/29/2021)
2022-01-14	9	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Statement of Facts, # 4 Text of Proposed Order)(Taylor, Kristin) (Entered: 01/14/2022)
2022-02-18	10	Consent MOTION for Extension of Time to File Response/Reply as to 9 MOTION for Summary Judgment and Cross-Motion for Summary Judgment & Corresponding Adjustments to Remaining Deadlines by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Schaerr, Gene) (Entered: 02/18/2022)
2022-02-18		MINUTE ORDER granting 10 Plaintiff's Consent Motion for Extension of Time: It is hereby ORDERED that the following schedule shall govern proceedings in this case: Plaintiff shall file its combined summary judgment opposition and cross-motion for summary judgment on or before March 11, 2022; Defendant shall file its combined opposition and reply on or before April 1, 2022; and Plaintiff shall file its reply on or before April 15, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 02/18/2022. (lcrc1) (Entered: 02/18/2022)
2022-03-11	11	NOTICE of Appearance by Brian J. Field on behalf of All Plaintiffs (Field, Brian) (Entered: 03/11/2022)
2022-03-11	12	Memorandum in opposition to re 9 MOTION for Summary Judgment with Local Rule 7(h) Statement and Supporting Memorandum filed by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Exhibit 1:1992 Memo, # 2 Exhibit 2:2013 Memo, # 3 Exhibit 3: The Release, # 4 Exhibit 4: 2017 Annex, # 5 Exhibit 5: ICD 112, # 6 Exhibit 6: Grenell Disclosure, # 7 Exhibit 7: Grenell Letter, # 8 Text of Proposed Order)(Schaerr, Gene) (Entered: 03/11/2022)
2022-03-11	13	Cross MOTION for Summary Judgment with Local Rule 7(h) Statement and Supporting Memorandum by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Exhibit 1:1992 Memo, # 2 Exhibit 2:2013 Memo, # 3 Exhibit 3: The Release, # 4 Exhibit 4: 2017 Annex, # 5 Exhibit 5: ICD 112, # 6 Exhibit 6: Grenell Disclosure, # 7 Exhibit 7: Grenell Letter, # 8 Text of Proposed Order)(Schaerr, Gene) (Entered: 03/11/2022)
2022-04-01	14	REPLY to opposition to motion re 9 MOTION for Summary Judgment , 12 Memorandum in Opposition, filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts Response, # 2 Exhibit Second Seidel Decl., # 3 Text of Proposed Order)(Taylor, Kristin) (Entered: 04/01/2022)
2022-04-01	15	RESPONSE re 13 Cross MOTION for Summary Judgment with Local Rule 7(h) Statement and Supporting Memorandum filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts Response, # 2 Exhibit Second Seidel Decl., # 3 Text of Proposed Order)(Taylor, Kristin) (Entered: 04/01/2022)
2022-04-15	16	REPLY to opposition to motion re 13 Cross MOTION for Summary Judgment with Local Rule 7(h) Statement and Supporting Memorandum filed by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Schaerr, Gene) (Entered: 04/15/2022)
2022-05-12	17	NOTICE OF SUBSTITUTION OF COUNSEL by Olivia R. Hussey Scott on behalf of UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Kristin Taylor (Scott, Olivia) (Entered: 05/12/2022)
2022-09-01		MINUTE ORDER: It is hereby ORDERED that the parties shall appear for oral argument on the cross-motions for summary judgment on September 21, 2022 at 10:00 a.m., in Courtroom 23. SO ORDERED. Signed by Judge Rudolph Contreras on 9-1-2022. (lcrc3) (Entered: 09/01/2022)
2022-09-01		Set/Reset Hearings: Motion Hearing set for 9/21/2022 at 10:00 AM in Courtroom 23A- In Person before Judge Rudolph Contreras. (tj) (Entered: 09/01/2022)
2022-09-19		NOTICE OF COURTROOM CHANGE: Parties appearing in this matter on 9/21/2022 @ 10am before Judge Contreras, shall report to Courtroom 24A-4th Floor. (tj) (Entered: 09/19/2022)
2022-09-20	18	NOTICE of Appearance by Alexander V. Sverdlov on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Sverdlov, Alexander) (Entered: 09/20/2022)
2022-09-21		Minute Entry for Motion Hearing held on 9/21/2022 before Judge Rudolph Contreras re 9 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE and 13 Cross MOTION for Summary Judgment filed by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC. Oral arguments heard and taken under advisement. Court Reporter Nancy Meyer. (smc) (Entered: 09/21/2022)
2022-09-29	19	ORDER granting in part and denying in part 9 Defendant's Motion for Summary Judgment and denying 13 Plaintiff's Cross-Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 9-29-2022. (lcrc3) (Entered: 09/29/2022)
2022-09-29	20	MEMORANDUM OPINION granting in part and denying in part 9 Defendant's Motion for Summary Judgment and denying 13 Plaintiff's Cross-Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 9-29-2022. (lcrc3) (Entered: 09/29/2022)
2022-11-28	21	MOTION for Extension of Time to comply with the Court's September 29, 2022, order by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Sverdlov, Alexander) (Entered: 11/28/2022)
2022-11-28	22	RESPONSE re 21 MOTION for Extension of Time to comply with the Court's September 29, 2022, order NOTICE OF CONSENT TO DEFENDANT'S MOTION filed by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Schaerr, Gene) (Entered: 11/28/2022)
2022-11-28		MINUTE ORDER granting 21 Defendant's Motion for Extension of Time: It is hereby ORDERED that Defendant shall complete the search described by the Court in its September 29, 2022, Order, ECF No. 19, and produce any non-exempt portions of the relevant records by December 12, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 11-28-2022. (lcrc3) (Entered: 11/28/2022)
2022-12-21		MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and submit a joint status report that includes a proposed schedule to govern further proceedings on or before January 4, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 12/21/2022. (lcrc1) (Entered: 12/21/2022)
2023-01-04	23	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Sverdlov, Alexander) (Entered: 01/04/2023)
2023-01-04		MINUTE ORDER: Upon consideration of 23 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report, updating the Court on the status of the parties' discussions about the FBI's supplemental response and proposing a schedule to govern further proceedings, on or before February 17, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 1/4/2023. (lcrc1) (Entered: 01/04/2023)
2023-02-17	24	Joint STATUS REPORT by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Text of Proposed Order)(Schaerr, Gene) (Entered: 02/17/2023)
2023-02-17		MINUTE ORDER: Upon consideration of 24 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before March 17, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 2/17/2023. (lcrc1) (Entered: 02/17/2023)
2023-03-17	25	Joint STATUS REPORT by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Text of Proposed Order)(Schaerr, Gene) (Entered: 03/17/2023)
2023-03-17		MINUTE ORDER: Upon consideration of 25 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before April 19, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 3/17/2023. (lcrc1) (Entered: 03/17/2023)
2023-04-19	26	Joint STATUS REPORT by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Text of Proposed Order)(Schaerr, Gene) (Entered: 04/19/2023)
2023-04-20		MINUTE ORDER: Upon consideration of 26 the parties' joint status report, it is hereby ORDERED that the following schedule shall govern further proceedings: Defendant's motion for summary judgment shall be filed on or before July 9, 2023; Plaintiff's opposition and cross-motion for summary judgment shall be filed on or before August 21, 2023; Defendant's reply and opposition to cross-motion for summary judgment shall be filed on or before September 11, 2023; and Plaintiff's reply in support of cross-motion for summary judgment shall be filed on or before October 2, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 4/20/2023. (lcrc1) (Entered: 04/20/2023)
2023-04-21		Set/Reset Deadlines: Cross Motions due by 8/21/2023. Response to Cross Motions due by 9/11/2023. Reply to Cross Motions due by 10/2/2023. Responses due by 8/21/2023 Replies due by 9/11/2023. Summary Judgment motions due by 7/9/2023. (tj) (Entered: 04/21/2023)
2023-07-06	27	Consent MOTION for Extension of Time to file Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Sverdlov, Alexander) (Entered: 07/06/2023)
2023-07-06		MINUTE ORDER granting 27 Defendant's Motion for Extension of Time: it is hereby ORDERED that the following schedule shall govern further proceedings. Defendant's motion for summary judgment shall be filed on or before August 18, 2023; Plaintiff's opposition and cross-motion for summary judgment shall be filed on or before October 2, 2023; Defendant's reply and opposition to cross-motion for summary judgment shall be filed on or before October 23, 2023; and Plaintiff's reply in support of cross-motion for summary judgment shall be filed on or before November 13, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 7/6/2023. (lcrc3) (Entered: 07/06/2023)
2023-08-15	28	Consent MOTION for Extension of Time to file motion for summary judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Sverdlov, Alexander) (Entered: 08/15/2023)
2023-08-16		MINUTE ORDER granting 28 Defendant's Consent Motion for Extension of Time: It is hereby ORDERED that the following schedule shall govern further proceedings: Defendant's motion for summary judgment shall be filed on or before September 18, 2023; Plaintiff's opposition and cross-motion for summary judgment shall be filed on or before November 1, 2023; Defendant's reply and opposition to cross-motion for summary judgment shall be filed on or before November 22, 2023; and Plaintiff's reply in support of cross-motion for summary judgment shall be filed on or before December 13, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 8/16/2023. (lcrc1) (Entered: 08/16/2023)
2023-09-01	29	Consent MOTION for Extension of Time to File Summary Judgment Motion for Two Days, to September 20, 2023 by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Lynch, Christopher) (Entered: 09/01/2023)
2023-09-01		MINUTE ORDER granting 29 Defendant's Consent Motion for Extension of Time: It is hereby ORDERED that the following schedule shall govern further proceedings: Defendant's motion for summary judgment shall be filed on or before September 20, 2023; Plaintiff's opposition and cross-motion for summary judgment shall be filed on or before November 3, 2023; Defendant's reply and opposition to cross-motion for summary judgment shall be filed on or before November 24, 2023; and Plaintiff's reply in support of cross-motion for summary judgment shall be filed on or before December 15, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 9/1/2023. (lcrc3) (Entered: 09/01/2023)
2023-09-14	30	Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Lynch, Christopher) (Entered: 09/14/2023)
2023-09-15		MINUTE ORDER granting 30 Defendant's Consent Motion for Extension of Time: It is hereby ORDERED that the following schedule shall govern further proceedings: Defendant's motion for summary judgment shall be filed on or before October 31, 2023; Plaintiff's opposition and cross-motion for summary judgment shall be filed on or before December 14, 2023; Defendant's reply and opposition to cross-motion for summary judgment shall be filed on or before January 4, 2024; and Plaintiff's reply in support of cross-motion for summary judgment shall be filed on or before January 25, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 9/15/2023. (lcrc1) (Entered: 09/15/2023)
2023-10-31	31	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Affidavit Declaration of Michael G. Seidel and Exhibits A-C, # 4 Text of Proposed Order)(Lynch, Christopher) (Entered: 10/31/2023)
2023-12-12	32	Consent MOTION for Extension of Time to File Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Text of Proposed Order)(Schaerr, Gene) (Entered: 12/12/2023)
2023-12-12		MINUTE ORDER granting 32 Plaintiff's Consent Motion for Extension of Time: It is hereby ORDERED that the following schedule shall govern further proceedings: Plaintiff's opposition and cross-motion for summary judgment shall be filed on or before January 4, 2024; Defendant's reply and opposition to cross-motion for summary judgment shall be filed on or before January 25, 2024; and Plaintiff's reply in support of cross-motion for summary judgment shall be filed on or before February 15, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 12/12/2023. (lcrc1) (Entered: 12/12/2023)
2024-01-04	33	RESPONSE re 31 MOTION for Summary Judgment filed by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 1: 1992 Memo, # 4 Exhibit 2: 2013 Memo, # 5 Exhibit 3: The Release, # 6 Exhibit 4:2017 Annex, # 7 Exhibit 5: ICD 112, # 8 Exhibit 6: Grenell Disc., # 9 Exhibit 7: Grenell Letter, # 10 Text of Proposed Order)(Schaerr, Gene) (Entered: 01/04/2024)
2024-01-04	34	Cross MOTION for Summary Judgment by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 1: 1992 Memo, # 4 Exhibit 2: 2013 Memo, # 5 Exhibit 3: The Release, # 6 Exhibit 4:2017 Annex, # 7 Exhibit 5: ICD 112, # 8 Exhibit 6: Grenell Disc., # 9 Exhibit 7: Grenell Letter, # 10 Text of Proposed Order)(Schaerr, Gene) (Entered: 01/04/2024)
2024-01-25	35	REPLY to opposition to motion re 31 MOTION for Summary Judgment , 34 Cross MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Affidavit Declaration of Christopher M. Lynch & Exhibits A&B, # 2 Statement of Facts Defendant's Response to Plaintiff's Counter Statement of Material Facts)(Lynch, Christopher) (Entered: 01/25/2024)
2024-01-25	36	RESPONSE re 34 Cross MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Affidavit Declaration of Christopher M. Lynch & Exhibits A & B, # 2 Statement of Facts Defendant's Response to Plaintiff's Counter Statement)(Lynch, Christopher) (Entered: 01/25/2024)
2024-02-15	37	REPLY to opposition to motion re 34 Cross MOTION for Summary Judgment filed by PROJECT FOR PRIVACY AND SURVEILLANCE ACCOUNTABILITY, INC.. (Schaerr, Gene) (Entered: 02/15/2024)
2024-06-06	38	ORDER granting 31 Defendant's Motion for Summary Judgment and denying 34 Plaintiff's Cross-motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 6/6/2024. (lcrc3) (Entered: 06/06/2024)
2024-06-06	39	MEMORANDUM OPINION granting 31 Defendant's Motion for Summary Judgment and denying 34 Plaintiff's Cross-motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 6/6/2024. (lcrc3) (Entered: 06/06/2024)
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