Case Detail

FOIA Project Annotation: Judge Christopher Cooper has ruled that the names of staff for Jack Smith's Special Counsel investigation are protected by Exemption 7(A) (interference with ongoing investigation or proceeding). In response to a FOIA request from Judicial Watch for a list of staff members for Smith's investigation, the Justice Department told Judicial Watch they were protected by Exemption 7(A) because disclosure of a list of staff members would likely reveal what the investigation was focused on. However, DOJ did identify for Judicial Watch ten employees who were members of the Senior Service and had independent authority. Cooper indicated that to qualify under Exemption 7(A), "DOJ must establish that the rosters 'relate to anything that can fairly be characterized as an enforcement proceeding.' Such proceedings include investigations where there exists (1) 'a rational nexus between the investigation and one of the agency's law enforcement duties' and (2) 'a connection between an individual or incident and a possible security risk or violation of federal law.'" He explained that "the withheld records meet both criteria." He noted that "the proceedings include investigations into alleged illegal interference in the 2020 election and mishandling of classified documents and presidential records. The SCO's investigations have a rational nexus to DOJ's law-enforcement mission and are connected to both possible security risks and violations of federal law." Although Judicial Watch admitted that the rosters could be characterized as law enforcement records, it argued that the records were not about the investigation itself but were instead mundane lists of employees that all employers maintain regardless of whether they are investigating potential criminal conduct. Cooper agreed that such rosters might be common but pointed out that "but the fact remains that these employee rosters describe everyone working on active criminal investigations and were created to facilitate those investigations. They therefore relate to enforcement proceedings." Cooper noted that there was evidence that members of Smith's team had been publicly harassed, pointing out that "these threats and harassment are unlikely to end while the Special Counsel's investigations continue, as harassment of SCO employees 'has, if anything, only increased with time and with developments in the SCO's activities.'" Judicial Watch called such threats nothing but speculation. However, Cooper indicated that "based on the threats and harassment DOJ has described in its declarations, the Court finds it is both logical and plausible that disclosure of employee names and their contact information will expose them to harassment and threats that will impede their ability to perform their public duties." He added that "second, it appears logical and plausible that revealing the names of the SCO employees may reveal nonpublic information about the office's ongoing investigations, including its focus and scope." Cooper found that DOJ had also met the foreseeable harm test in its explanations of why the records should remain exempt.
Issues: Exemption 7(A) - Interference with ongoing investigation

Date Filed	Doc #	Docket Text
2023-05-26	1	COMPLAINT against US DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-10098611) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons US Attorney for the District of Columbia, # 3 Summons US Attorney General, # 4 Summons US Department of Justice)(Orfanedes, Paul) (Attachment 1 replaced on 5/30/2023) (zrtw). (Entered: 05/26/2023)
2023-05-26	2	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Orfanedes, Paul) (Main Document 2 replaced on 5/30/2023) (zrtw). (Entered: 05/26/2023)
2023-05-30		Case Assigned to Judge Christopher R. Cooper. (zrtw) (Entered: 05/30/2023)
2023-05-30	3	SUMMONS (3) Issued Electronically as to US DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrtw) (Entered: 05/30/2023)
2023-06-15	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/31/2023. ( Answer due for ALL FEDERAL DEFENDANTS by 6/30/2023.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/13/2023., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JU.S. DEPARTMENT OF JUSTICE. served on 6/6/2023 (Attachments: # 1 Declaration of Cristina Rotaru)(Orfanedes, Paul) Modified on 6/16/2023 to correct party served(zjm). (Entered: 06/15/2023)
2023-06-30	5	NOTICE of Appearance by Courtney Danielle Enlow on behalf of U.S. DEPARTMENT OF JUSTICE (Enlow, Courtney) (Entered: 06/30/2023)
2023-06-30	6	ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Enlow, Courtney) (Entered: 06/30/2023)
2023-07-05		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 July 19, 2023. Signed by Judge Christopher R. Cooper on 07/05/2023. (lccrc3) (Entered: 07/05/2023)
2023-07-19	7	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Enlow, Courtney) (Entered: 07/19/2023)
2023-07-20		MINUTE ORDER: In light of the parties' 7 Joint Status Report, the Court hereby orders that the parties file a further joint status report by August 16, 2023. Signed by Judge Christopher R. Cooper on 07/20/2023. (lccrc3) (Entered: 07/20/2023)
2023-08-16	8	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Enlow, Courtney) (Entered: 08/16/2023)
2023-08-16		MINUTE ORDER: In light of the 8 parties' Joint Status Report, the Court hereby orders that the parties file a further joint status report on or by September 20, 2023. Signed by Judge Christopher R. Cooper on 8/16/2023. (lccrc3) (Entered: 08/16/2023)
2023-08-31	9	NOTICE OF SUBSTITUTION OF COUNSEL by Chetan A. Patil on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney Courtney D. Enlow (Patil, Chetan) (Entered: 08/31/2023)
2023-08-31	10	Unopposed MOTION for Extension of Time to file Joint Status Report by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Patil, Chetan) (Entered: 08/31/2023)
2023-09-01		MINUTE ORDER granting 10 Defendant's Motion for Extension of Time to file Joint Status Report. The parties' next joint status report shall be due on or by October 4, 2023. Signed by Judge Christopher R. Cooper on 9/1/2023. (lccrc3) (Entered: 09/01/2023)
2023-10-04	11	Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Orfanedes, Paul) (Entered: 10/04/2023)
2023-10-05		MINUTE ORDER: In light of the 11 parties' Joint Status Report, the parties are directed to file a further joint status report by November 3, 2023. Signed by Judge Christopher R. Cooper on 10/5/2023. (lccrc3) (Entered: 10/05/2023)
2023-11-03	12	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Patil, Chetan) (Entered: 11/03/2023)
2023-11-06		MINUTE ORDER: In light of the 12 parties' Joint Status Report, the Court hereby sets the following summary judgment briefing schedule. Defendant's motion shall be due December 11, 2023. Plaintiff's combined opposition and cross-motion shall be due January 17, 2024. Defendant's combined reply and opposition to the cross-motion shall be due February 7, 2024. Plaintiff's reply in support of the cross-motion shall be due February 21, 2024. Signed by Judge Christopher R. Cooper on 11/6/2023. (lccrc3) (Entered: 11/06/2023)
2023-12-11	13	MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Text of Proposed Order)(Patil, Chetan) (Entered: 12/11/2023)
2024-01-04	14	Unopposed MOTION for Extension of Time to File Statement of Material Facts Not in Dispute in support of Motion for Summary Judgment Nunc Pro Tunc by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Patil, Chetan) (Entered: 01/04/2024)
2024-01-05		MINUTE ORDER granting 14 Defendant's Motion for Extension of Time to File Statement of Material Facts Not in Dispute. Defendant's time to file its statement is extended nunc pro tunc to January 4, 2024. Signed by Judge Christopher R. Cooper on 1/5/2024. (lccrc3) (Entered: 01/05/2024)
2024-01-12	15	Unopposed MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Summary Judgment by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Orfanedes, Paul) (Entered: 01/12/2024)
2024-01-17		MINUTE ORDER granting 15 Plaintiff's Motion for Extension of Time to File Response/Reply. Plaintiff's combined opposition and cross-motion shall be due January 31, 2024. Defendant's combined reply and opposition to the cross-motion shall be due March 6, 2024. Plaintiff's reply in support of the cross-motion shall be due March 30, 2024. Further extension requests will be viewed with disfavor. Signed by Judge Christopher R. Cooper on 1/17/2024. (lccrc3) (Entered: 01/17/2024)
2024-01-31	16	Memorandum in opposition to re 13 Motion for Summary Judgment filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Statement of Facts, # 2 Declaration (With Exhibits 1-9), # 3 Text of Proposed Order)(Orfanedes, Paul) (Entered: 01/31/2024)
2024-01-31	17	Cross MOTION for Summary Judgment by JUDICIAL WATCH, INC.. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration (With Exhibits 1-9), # 4 Text of Proposed Order)(Orfanedes, Paul) (Entered: 01/31/2024)
2024-02-12	18	Memorandum in opposition to re 13 Motion for Summary Judgment [CORRECTED] filed by JUDICIAL WATCH, INC.. (Orfanedes, Paul) (Entered: 02/12/2024)
2024-02-14	19	NOTICE of Appearance by Alexander William Resar on behalf of U.S. DEPARTMENT OF JUSTICE (Resar, Alexander) (Entered: 02/14/2024)
2024-03-06	20	REPLY to opposition to motion re 13 MOTION for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Second Declaration of Vanessa R. Brinkmann, # 2 Response to Plaintiff's Statement of Additional Facts and Statement of Facts in Support of Plaintiff's Cross-Motion for Summary Judgment)(Resar, Alexander) (Entered: 03/06/2024)
2024-03-06	21	Memorandum in opposition to re 17 Motion for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (See Docket Entry 20 to view document) (zjm) (Entered: 03/08/2024)
2024-03-29	22	REPLY to opposition to motion re 17 Cross MOTION for Summary Judgment filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Orfanedes, Paul) (Entered: 03/29/2024)
2024-09-04	23	ORDER granting 13 Defendant's Motion for Summary Judgment and denying 17 Plaintiff's Motion for Summary Judgment. Signed by Judge Christopher R. Cooper on 9/4/24. (lccrc3) (Entered: 09/04/2024)
2024-09-04	24	MEMORANDUM OPINION re 23 Order granting 13 Defendant's Motion for Summary Judgment and denying 17 Plaintiff's Motion for Summary Judgment. Signed by Judge Christopher R. Cooper on 9/4/24. (lccrc3) (Entered: 09/04/2024)
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