Case Detail

FOIA Project Annotation: The court ruled that the CIA properly withheld pictures of the deceased Osama bin Laden under Exemption 1 (national security) because they were properly classified. Kevin Evans had requested the photos and his suit was stayed until similar litigation in the D.C. Circuit brought by Judicial Watch was resolved. After the D.C. Circuit ruled in favor of the government, Evans' litigation was allowed to proceed. Instead of trying to argue the D.C. Circuit's decision in the Judicial Watch case was incorrect, Evans instead relied on a public comment made by then CIA Director Leon Panetta shortly after bin Laden's death that, in his judgment, some photographic evidence of bin Laden's death would probably ultimately be made public. Rejecting Evans' argument, the court pointed out that "the CIA need only show that the photographs were properly classified and noted "that the procedural requirements for classification were met and that disclosure of the records could reasonably be expected to cause grave damage to national security. Mr. Panetta's comments do not bear on those questions. Obviously, Mr. Panetta's remarks do not address the procedural classification of the documents. . .Rather, it is obvious that Mr. Panetta was making a prediction about what was likely to happen given the public and political pressure he anticipated would surround the question. That prediction is entirely irrelevant to the question of whether the CIA's subsequent invocation of Exemption 1 to deny Mr. Evans' FOIA request was proper."
Issues: Exemption 1 - Properly classified

FOIA Project Annotation: A federal court in Colorado has ruled that the CIA properly withheld pictures of the deceased Osama bin Laden under Exemption 1 (national security) because they were properly classified. Kevin Evans had requested the photos and his suit was stayed until similar litigation in the D.C. Circuit brought by Judicial Watch was resolved. After the D.C. Circuit ruled in favor of the government, Evans' litigation was allowed to proceed. Instead of trying to argue the D.C. Circuit's decision in the Judicial Watch case was incorrect, Evans instead relied on a public comment made by then CIA Director Leon Panetta shortly after bin Laden's death that, in his judgment, some photographic evidence of bin Laden's death would probably ultimately be made public. Rejecting Evans' argument, the court pointed out that "the CIA need only show that the photographs were properly classified�"that is, that the procedural requirements for classification were met and that disclosure of the records could reasonably be expected to cause grave damage to national security. Mr. Panetta's comments do not bear on those questions. Obviously, Mr. Panetta's remarks do not address the procedural classification of the documents. . .Rather, it is obvious that Mr. Panetta was making a prediction about what was likely to happen given the public and political pressure he anticipated would surround the question. That prediction is entirely irrelevant to the question of whether the CIA's subsequent invocation of Exemption 1 to deny Mr. Evans' FOIA request was proper."

Date Filed	Doc #	Docket Text
2011-09-28	1	COMPLAINT Pursuant to Freedom of Information Act against Central Intelligence Agency (Filing fee $ 350, Receipt Number 41713) Summons Issued, filed by Kevin D. Evans. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet, # 6 Receipt)(lygsl, ) (Entered: 09/29/2011)
2011-10-05	2	ORDER OF REFERENCE TO MAGISTRATE JUDGE: REFERRING CASE to Magistrate Judge Kristen L. Mix by Judge Marcia S. Krieger on 10/5/11. (msksec, ) Modified on 10/6/2011 to correct text name to Article III Judge (wjc, ). (Entered: 10/05/2011)
2011-10-06	3	Docket Annotation re: 2 Order Referring Case to Magistrate Judge. Modified on 10/6/2011 to correct text name to Article III Judge. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED. (wjc, ) (Entered: 10/06/2011)
2011-10-06	4	ORDER Setting Scheduling Conference for 1/26/2012 at 10:30 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix, by Magistrate Judge Kristen L. Mix on 10/06/2011. (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3)(wjc, ) (Entered: 10/06/2011)
2011-10-06	5	ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and depositions from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. by Judge Marcia S. Krieger on 10/6/11. (mskcd) (Entered: 10/06/2011)
2011-10-18	6	CERTIFICATE OF SERVICE by Plaintiff Kevin D. Evans (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Evans, Kevin) (Entered: 10/18/2011)
2011-10-19	7	CERTIFICATE OF SERVICE by Plaintiff Kevin D. Evans (Evans, Kevin) (Entered: 10/19/2011)
2011-10-26	8	NOTICE of Entry of Appearance by Marcia Berman on behalf of Central Intelligence Agency (Berman, Marcia) (Entered: 10/26/2011)
2011-10-26	9	MOTION to Stay Proceedings by Defendant Central Intelligence Agency. (Attachments: # 1 Proposed Order (PDF Only))(Berman, Marcia) (Entered: 10/26/2011)
2011-10-28	10	RESPONSE to 9 MOTION to Stay Proceedings , In Opposition to, filed by Plaintiff Kevin D. Evans. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Evans, Kevin) (Entered: 10/28/2011)
2011-11-03	11	ANSWER to 1 Complaint, by Central Intelligence Agency.(Berman, Marcia) (Entered: 11/03/2011)
2011-11-30	12	ORDER granting 9 Motion to Stay Proceedings. This action is stayed for 30 days after a final judgment is entered in Judicial Watch v. Dept. of Defense , Civil Action No. 11-890- (JEB) (D.D.C.) by Judge Marcia S. Krieger on 11/30/11. Text Only Entry(msksec, ) (Entered: 11/30/2011)
2011-12-29	13	MOTION for Leave to File Amended 1 Complaint Pursuant to Freedom of Information Act by Plaintiff Kevin D. Evans. (Attachments: # 1 Exhibit A - Amended Complaint, # 2 Proposed Order (PDF Only))(Evans, Kevin) Modified on 12/30/2011 to create linkage (wjc, ). (Entered: 12/29/2011)
2011-12-30	14	MEMORANDUM regarding 13 MOTION for Leave to File Amended Complaint Pursuant to Freedom of Information Act filed by Kevin D. Evans. Motions referred to Magistrate Judge Kristen L. Mix by Judge Marcia S. Krieger on 12/30/11. Text Only Entry (msksec, ) (Entered: 12/30/2011)
2012-01-10	15	RESPONSE to 13 MOTION for Leave to File Amended Complaint Pursuant to Freedom of Information Act filed by Defendant Central Intelligence Agency. (Berman, Marcia) (Entered: 01/10/2012)
2012-01-19	16	MINUTE ORDER denying without prejudice 13 Plaintiff's Opposed Motion for Leave to File Amended Complaint Pursuant to Freedom of Information Act. The Scheduling Conference set for 01/26/2012 at 10:30 AM is VACATED, by Magistrate Judge Kristen L. Mix on 01/19/2012.(wjc, ) (Entered: 01/19/2012)
2012-05-02	17	STATUS REPORT by Defendant Central Intelligence Agency. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Berman, Marcia) (Entered: 05/02/2012)
2012-05-02	18	RESPONSE to 17 Status Report by Plaintiff Kevin D. Evans. (Attachments: # 1 Exhibit)(Evans, Kevin) (Entered: 05/02/2012)
2012-05-31	19	MOTION for Leave to File Amended Complaint Pursuant to Freedom of Information Act to 1 Complaint, by Plaintiff Kevin D. Evans. (Attachments: # 1 Exhibit A - Amended Complaint with Exhibits, # 2 Exhibit B- Judicial Watch Order)(Evans, Kevin) (Entered: 05/31/2012)
2012-06-04	20	MEMORANDUM regarding 19 MOTION for Leave to File Amended Complaint Pursuant to Freedom of Information Act to 1 Complaint, filed by Kevin D. Evans. Motions referred to Magistrate Judge Kristen L. Mix by Judge Marcia S. Krieger on 6/4/12. Text Only Entry (msksec, ) (Entered: 06/04/2012)
2012-06-22	21	NOTICE of Failure by Defendant to Respond to Plaintiff's Opposed Motion for Leave to File Amended Complaint Pursuant to Freedom of Information Act by Plaintiff Kevin D. Evans (Evans, Kevin) (Entered: 06/22/2012)
2012-07-11	22	VACATED - MINUTE ORDER denying without prejudice 19 Motion for Leave to File Amended Complaint Pursuant to Freedom of Information Act. By Magistrate Judge Kristen L. Mix on 7/11/12.(mjgsl, ) Modified on 4/25/2013 to vacate pursuant to Order dated 4/24/2013 (klyon, ). (Entered: 07/11/2012)
2012-07-11	23	OBJECTION/Appeal of Magistrate Judge Decision to District Court re 22 Order on Motion for Leave by Plaintiff Kevin D. Evans. (Evans, Kevin) (Entered: 07/11/2012)
2012-07-17	24	RESPONSE to 23 OBJECTION/Appeal of Magistrate Judge Decision to District Court re 22 Order on Motion for Leave by Plaintiff Kevin D. Evans. by Defendant Central Intelligence Agency. (Berman, Marcia) (Entered: 07/17/2012)
2012-07-17	25	REPLY to Response to 23 Objection/Appeal of Magistrate Judge Decision to District Court filed by Plaintiff Kevin D. Evans. (Attachments: # 1 Exhibit 1)(Evans, Kevin) (Entered: 07/17/2012)
2012-09-10	26	SUPPLEMENT/AMENDMENT to 23 OBJECTION/Appeal of Magistrate Judge Decision to District Court re 22 Order on Motion for Leave by Plaintiff Kevin D. Evans. by Plaintiff Kevin D. Evans. (Evans, Kevin) (Entered: 09/10/2012)
2012-09-11	27	RESPONSE to 26 Supplement/Amendment to Objection to Magistrate Judge's Order Denying Leave to File Amended Complaint by Defendant Central Intelligence Agency. (Berman, Marcia) (Entered: 09/11/2012)
2013-04-24	28	OPINION AND ORDER SUSTAINING PLAINTIFF'S OBJECTION TO THE MAGISTRATE JUDGE'S ORDER AND SUA SPONTE REINSTATING THE STAY. Mr. Evans's Objection to Magistrate Judges Order Denying Plaintiff's Opposed Motion for Leave to File Amended Complaint Pursuant to Freedom of Information Act without Prejudice (# 23 ) is SUSTAINED, and the 7/11/2011 Minute Order (# 22 ) by the Magistrate Judge is VACATED. Mr. Evans's Opposed Motion for Leave to File Amended Complaint Pursuant to Freedom of Information Act (# 19 ) is DENIED, without prejudice to refiling once the stay has been lifted. The case remains stayed until 30 days after a final resolution of all appeals of Judicial Watch v. Dept. of Defense, Civil Action No. 11-890 (JEB) (D.C.C.). By Chief Judge Marcia S. Krieger on 4/24/2013.(klyon, ) (Entered: 04/25/2013)
2013-09-09	29	STATUS REPORT by Plaintiff Kevin D. Evans. (Evans, Kevin) (Entered: 09/09/2013)
2014-02-04	30	ORDER TO SHOW CAUSE: THIS MATTER comes before the Court following filing of the Status Report at #29 (Report). The Report indicates that a stay in this matter could go on for years before resolution of all appeals of Judicial Watch v. Dept. of Defense. No further action having been taken since the filing of the Report by either party, Plaintiff shall show cause within 14 days as to why this case should not be dismissed or administratively closed. by Chief Judge Marcia S. Krieger on 2/4/14. Text Only Entry (msksec, ) (Entered: 02/04/2014)
2014-02-04	31	RESPONSE TO ORDER TO SHOW CAUSE re 30 by Plaintiff Kevin D. Evans. (Evans, Kevin) (Entered: 02/04/2014)
2014-02-04	32	RESPONSE to 31 Response to Order to Show Cause Defendant's Response to Plaintiff's Response to Order to Show Cause by Defendant Central Intelligence Agency. (Berman, Marcia) (Entered: 02/04/2014)
2014-02-04	33	REPLY to 32 Response by Plaintiff Kevin D. Evans. (Evans, Kevin) (Entered: 02/04/2014)
2014-02-12	34	MOTION for Leave to file First Amended Complaint by Plaintiff Kevin D. Evans. (Attachments: # 1 Exhibit A - to the Motion for Leave - Amended Complaint, # 2 Exhibit 1 - to the Amended Complaint, # 3 Exhibit 2 - to the Amended Complaint, # 4 Exhibit 3 - to the Amended Complaint, # 5 Exhibit 4 - to the Amended Complaint)(Evans, Kevin) (Entered: 02/12/2014)
2014-02-13	35	MEMORANDUM regarding 34 MOTION for Leave to file First Amended Complaint filed by Kevin D. Evans. Motions referred to Magistrate Judge Kristen L. Mix by Chief Judge Marcia S. Krieger on 2/13/14. Text Only Entry (msksec, ) (Entered: 02/13/2014)
2014-02-13	36	MINUTE ORDER denying without prejudice 34 Motion for Leave to File First Amended Complaint Pursuant to Freedom of Information Act, and Rule 7.1(a). Certification. By Magistrate Judge Kristen L. Mix on 2/13/2014.(klyon, ) (Entered: 02/13/2014)
2014-02-14	37	Unopposed MOTION for Leave to file First Amended Complaint by Plaintiff Kevin D. Evans. (Attachments: # 1 Exhibit A - to Motion for Leave to file First Amended Complaint, # 2 Exhibit 1 - to First Amended Complaint, # 3 Exhibit 2- to First Amended Complaint, # 4 Exhibit 3 - to First Amended Complaint, # 5 Exhibit 4 - to First Amended Complaint, # 6 Exhibit B - to Motion for Leave to File First Amended Complaint)(Evans, Kevin) (Entered: 02/14/2014)
2014-02-14	38	MEMORANDUM regarding 37 Unopposed MOTION for Leave to file First Amended Complaint filed by Kevin D. Evans. Motions referred to Magistrate Judge Kristen L. Mix by Chief Judge Marcia S. Krieger on 2/14/14. Text Only Entry (msksec, ) (Entered: 02/14/2014)
2014-03-26	39	MINUTE ORDER granting 37 Unopposed Motion for Leave to File First Amended Complaint Pursuant to Freedom of Information Act, and Rule 7.1(a) Certification. By Magistrate Judge Kristen L. Mix on 3/26/2014.(klyon, ) (Entered: 03/26/2014)
2014-03-26	40	First AMENDED COMPLAINT Pursuant to Freedom Of Information Act against Central Intelligence Agency, filed by Kevin D. Evans. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(klyon, ) (Entered: 03/26/2014)
2014-04-11	41	Defendant's ANSWER to 40 Amended Complaint by Central Intelligence Agency.(Berman, Marcia) (Entered: 04/11/2014)
2014-04-14	42	ORDER Setting Scheduling/Planning Conference for 5/7/2014 10:00 AM in Courtroom C204, before Magistrate Judge Kristen L. Mix, by Magistrate Judge Kristen L. Mix on 4/14/14. (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3, # 4 Attachment 4) (dkals, ) (Entered: 04/14/2014)
2014-04-30	43	Proposed Scheduling Order by Plaintiff Kevin D. Evans. (Evans, Kevin) (Entered: 04/30/2014)
2014-04-30	44	Unopposed MOTION for Leave to Appear Telephonically by Defendant Central Intelligence Agency. (Attachments: # 1 Proposed Order (PDF Only))(Berman, Marcia) (Entered: 04/30/2014)
2014-05-01	45	MEMORANDUM regarding 44 Unopposed MOTION for Leave to Appear Telephonically filed by Central Intelligence Agency. Motions referred to Magistrate Judge Kristen L. Mix by Chief Judge Marcia S. Krieger on 5/1/14. Text Only Entry (msksec, ) (Entered: 05/01/2014)
2014-05-02	46	MINUTE ORDER granting 44 Unopposed Motion for Leave to Appear Telephonically by Magistrate Judge Kristen L. Mix on 5/2/14.(dkals, ) (Entered: 05/02/2014)
2014-05-07	47	MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Kristen L. Mix on 5/7/2014. Dispositive Motions due by 7/1/2014. FTR: KLM Courtroom C204. (lgale) (Entered: 05/07/2014)
2014-05-07	48	SCHEDULING ORDER: by Magistrate Judge Kristen L. Mix on 5/7/14. (lgale) (Entered: 05/07/2014)
2014-05-08	49	TRIAL PREPARATION ORDER - CIVIL by Chief Judge Marcia S. Krieger on 5/8/14. (msksec, ) (Entered: 05/08/2014)
2014-05-09	50	OBJECTION/Appeal of Magistrate Judge Decision to District Court Plaintiff's Appeal of Magistrate Judge's Order Denying Very Limited Discovery Pursuant to Fed. R. Civ. P. 72(a) by Plaintiff Kevin D. Evans. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Evans, Kevin) (Entered: 05/09/2014)
2014-05-27	51	BRIEF in Opposition to 50 OBJECTION/Appeal of Magistrate Judge Decision to District Court Plaintiff's Appeal of Magistrate Judge's Order Denying Very Limited Discovery Pursuant to Fed. R. Civ. P. 72(a) by Plaintiff Kevin D. Evans. Def.'s Opposition to Plaintiff's Appeal of Magistrate Judge's Order Denying Discovery filed by Defendant Central Intelligence Agency. (Berman, Marcia) (Entered: 05/27/2014)
2014-06-05	52	REPLY to Response to 50 Objection/Appeal of Magistrate Judge Decision to District Court, filed by Plaintiff Kevin D. Evans. (Evans, Kevin) (Entered: 06/05/2014)
2014-07-01	53	MOTION for Summary Judgment by Defendant Central Intelligence Agency. (Attachments: # 1 Ex. 1 -- Declaration of Martha Lutz, # 2 Ex. A to Lutz Decl. -- Declaration of John Bennett filed in Judicial Watch v. DoD, # 3 Ex. B to Lutz Decl. -- Declaration of Elizabeth Culver filed in Judicial Watch v. DoD, # 4 Ex. 2 -- Unclassified Declaration of Admiral William McRaven filed in Judicial Watch v. DoD, # 5 Ex. 3 -- Declaration of Robert Neller filed in Judicial Watch v. DoD, # 6 Ex. 4 -- Declaration of Admiral William McRaven, Evans v. CIA, # 7 Proposed Order (PDF Only))(Berman, Marcia) (Entered: 07/01/2014)
2014-07-01	54	NOTICE re 53 MOTION for Summary Judgment Notice of Lodging of In Camera, Ex Parte, Classified Declaration of William McRaven, submitted in Judicial Watch v. DoD by Defendant Central Intelligence Agency (Berman, Marcia) (Entered: 07/01/2014)
2014-07-09	55	OPINION AND ORDER overruling 50 Appeal of Magistrate Judge's Order Denying Very Limited Discovery by Chief Judge Marcia S. Krieger on 7/9/14.(dkals, ) (Entered: 07/09/2014)
2014-07-21	56	RESPONSE to 53 MOTION for Summary Judgment filed by Plaintiff Kevin D. Evans. (Attachments: # 1 Exhibit 1)(Evans, Kevin) (Entered: 07/21/2014)
2014-08-04	57	REPLY to Response to 53 MOTION for Summary Judgment filed by Defendant Central Intelligence Agency. (Berman, Marcia) (Entered: 08/04/2014)
2014-09-02	58	OPINION AND ORDER granting 53 Motion for Summary Judgment by Chief Judge Marcia S. Krieger on 9/2/14.(dkals, ) (Entered: 09/02/2014)
2014-09-02	59	FINAL JUDGMENT pursuant to 58 Opinion and Order Granting Motion for Summary Judgment by Clerk on 9/2/14. (dkals, ) (Entered: 09/02/2014)
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