Case Detail

FOIA Project Annotation: Judge Ketanji Brown Jackson has sharply criticized the FBI's conclusory affidavits for the fourth time, and although she gave the agency another chance to sufficiently explain its processing of Christopher Brick's FOIA request, she also made clear if the agency still fell short in its supplemental affidavit, she would order the release of the 12 redacted pages at issue. Jackson pointed out that "the proffered declarations do not provide a sufficient justification for these withholdings, because the declarations provide no details about, or context for, the FBI's redaction determinations." The agency told Jackson that it had used its 100-year rule, as well as institutional knowledge, to determine whether individuals were deceased. But she noted that "given the nature of the records here and the state of modern technology, it is not at all clear why the FBI thinks that even a successful application of the 100-year rule �" standing alone �" would constitute a reasonable effort to determine the death status of the individuals in question." She indicated that "in the future, this Court expects the FBI to be vigilant in its submission of supporting materials, to provide the Court with documents that will enable review of the agency's FOIA withholdings 'in the first instance, rather than waiting to be prompted to do so by a Court Order.'" She warned the agency that "if the FBI fails to furnish a supplemental declaration that contains sufficient detail for the Court to ascertain the particular bases for the government's withholdings, this Court will rely solely upon the insufficient materials that have thus far been submitted, and as a result, will grant Plaintiff's cross motion for summary judgment and require production of unredacted copies of these 12 pages of records."
Issues: Search - Detailed description of search

FOIA Project Annotation: Judge Ketanji Brown Jackson has ruled that the FBI properly relied upon a classified ex parte affidavit to explain why 12 pages pertaining to encounters Eleanor Roosevelt had while she was working at the United Nations after World War II with Soviet officials who may have been intelligence officers were properly withheld under Exemption 1 (national security) and Exemption 7(E) (investigative methods and techniques). Christopher Brick, project director and editor for the Eleanor Roosevelt Papers Project, submitted a FOIA request to the FBI for records pertaining to her that had not been disclosed in an earlier 1982 release. The FBI released 338 pages with redactions. Brick appealed only the withholding of the 12 pages. The FBI's decision was upheld by the Office of Information Policy. Brick filed suit and the FBI reprocessed the 12 documents and removed some redactions. But the FBI told Jackson that it could not provide a public explanation of the exemption claims, instead asking for permission to file a classified ex parte affidavit. After having reviewed the classified affidavit and the documents in camera, Jackson agreed that the documents were exempt and that the agency could not have provided more information publicly. Brick argued that the agency should have been able to provide some information about the investigative techniques used by the agency. Jackson disagreed, noting that "the Court will say that it has given full consideration to Brick's contentions about the government's ability to provide more details regarding the general nature of the methods and techniques at issue and the underlying law enforcement purposes, as well as Brick's deductions about the nature of the redacted information, and the Court finds based on its in camera review of the classified declaration and the unredacted records that the government's concerns about potentially harmful disclosure are justified. In other words, this Court agrees with the agency that this case presents a circumstance in which there is a risk of revelation of information that 'compromises legitimate secrecy interests.'" Jackson then found that the FBI's Exemption 3 claim citing the provision protecting sources and methods in the National Security Act was appropriate, as was the Exemption 7(E) claim. There, she pointed out that "in particular, the information at issue was compiled as part of an FBI national security investigation. Furthermore, it is apparent from these same documents that releasing any additional information would in fact disclose law enforcement techniques and procedures."
Issues: Litigation - In camera review, Exemption 1 - Harm to national security, Exemption 3 - Statutory prohibition of disclosure

Date Filed	Doc #	Docket Text
2015-08-03	1	COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-4196712) filed by CHRISTOPHER BRICK. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Civil Cover Sheet)(Clattenburg, Rachel) (Entered: 08/03/2015)
2015-08-03		Case Assigned to Judge Ketanji Brown Jackson. (md) (Entered: 08/03/2015)
2015-08-03		SUMMONS Not Issued as to DEPARTMENT OF JUSTICE, U.S. Attorney, U.S. Attorney General. (INCORRECT SUMMONS ARE FILED AT THE TIME COMPLAINT WAS FILED. COURT NEEDS FOIA SUMMONS.) (md) (Entered: 08/03/2015)
2015-08-03	2	REQUEST FOR SUMMONS TO ISSUE by CHRISTOPHER BRICK re 1 Complaint filed by CHRISTOPHER BRICK. Related document: 1 Complaint filed by CHRISTOPHER BRICK. (Attachments: # 1 Summons, # 2 Summons)(Clattenburg, Rachel) (Entered: 08/03/2015)
2015-08-03	3	GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives; failure to conform to this Order may, when appropriate, result in the imposition of sanctions. Signed by Judge Ketanji Brown Jackson on 08/03/2015. (lckbj1) (Entered: 08/03/2015)
2015-08-04	4	SUMMONS (3) Issued Electronically as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (jf) (Entered: 08/04/2015)
2015-08-05	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/4/2015. Answer due for ALL FEDERAL DEFENDANTS by 9/3/2015. (Clattenburg, Rachel) (Entered: 08/05/2015)
2015-08-12	6	NOTICE of Appearance by Joshua M. Kolsky on behalf of DEPARTMENT OF JUSTICE (Kolsky, Joshua) (Entered: 08/12/2015)
2015-08-13	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/10/2015. (Attachments: # 1 Exhibit)(Clattenburg, Rachel) (Entered: 08/13/2015)
2015-08-13	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 8/10/2015 (Attachments: # 1 Exhibit)(Clattenburg, Rachel) (Entered: 08/13/2015)
2015-09-03	9	ANSWER to Complaint by DEPARTMENT OF JUSTICE.(Kolsky, Joshua) (Entered: 09/03/2015)
2015-09-16	10	Joint MOTION for Briefing Schedule by CHRISTOPHER BRICK (Attachments: # 1 Text of Proposed Order)(Clattenburg, Rachel) (Entered: 09/16/2015)
2015-09-17		MINUTE ORDER granting 10 Motion for Briefing Schedule and setting briefing schedule for summary judgment motions. Defendant's Motion for Summary Judgment is due by 11/3/2015. Plaintiff's Consolidated Opposition and Cross-Motion for Summary Judgment is due by 12/8/2015. Defendant's Consolidated Reply and Opposition to Plaintiff's Cross-Motion is due by 12/29/2015. Plaintiff's Reply in Support of Cross Motion is due by 1/19/2016. Signed by Judge Ketanji Brown Jackson on 09/17/2015. (lckbj1, ) (Entered: 09/17/2015)
2015-11-02	11	Consent MOTION for Extension of Time to File Summary Judgment Motion by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 11/02/2015)
2015-11-05		MINUTE ORDER granting, for good cause shown, 11 Consent Motion for Extension of Time to File Summary Judgment Motion. It is hereby ORDERED that the briefing schedule in this matter is modified as follows: Defendant's Motion for Summary Judgment is due by 11/17/2015. Plaintiff's Consolidated Opposition and Cross-Motion for Summary Judgment is due by 12/22/2015. Defendant's Consolidated Reply and Opposition to Plaintiff's Cross-Motion is due by 1/12/2016. Plaintiff's Reply in Support of Cross Motion is due by 2/2/2016. Any further requests for extensions of time must comply with 3 the Court's General Order and Guidelines for Civil Cases. Counsel are specifically directed to Section 5 of the Appendix to the General Order and Guidelines. Signed by Judge Ketanji Brown Jackson on 11/5/2015. (lckbj1) (Entered: 11/05/2015)
2015-11-06		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 12/22/2015. (gdf) (Entered: 11/06/2015)
2015-11-17	12	MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Text of Proposed Order)(Kolsky, Joshua) (Entered: 11/17/2015)
2015-11-18		MINUTE ORDER. On 8/3/2015, this Court issued its 3 General Order and Guidelines for Civil Cases, which lays out in detail instructions for briefing any motion in this matter. Defendants 12 Motion for Summary Judgment, does not conform to these instructions in that it does not contain a Table of Contents and Table of Authorities ( 5(a)(i)). Accordingly, it is hereby ORDERED that by 12/4/2015, Defendant shall file an ERRATA attaching an updated copy of their 12 Motion for Summary Judgment that fully complies with this Court's 3 General Order and Guidelines. The Court previously ordered the parties to comply the 3 General Order and Guidelines with respect to all filings; the Court may sua sponte strike any non-compliant future filings. Signed by Judge Ketanji Brown Jackson on 11/18/2015. (lckbj1) (Entered: 11/18/2015)
2015-11-25	13	NOTICE of Errata by DEPARTMENT OF JUSTICE re 12 MOTION for Summary Judgment (Attachments: # 1 Exhibit (Motion for Summary Judgment), # 2 Exhibit (Proposed Order), # 3 Exhibit (Declaration), # 4 Exhibit (Exhibits))(Kolsky, Joshua) (Entered: 11/25/2015)
2015-12-22	14	Cross MOTION for Summary Judgment by CHRISTOPHER BRICK (Attachments: # 1 Affidavit of Christopher Brick, # 2 Exhibit to Brick Declaration, # 3 Text of Proposed Order)(Clattenburg, Rachel) (Entered: 12/22/2015)
2015-12-22	15	Memorandum in opposition to re 12 MOTION for Summary Judgment filed by CHRISTOPHER BRICK. (Attachments: # 1 Affidavit of Christopher Brick, # 2 Exhibit to Brick Declaration, # 3 Text of Proposed Order)(Clattenburg, Rachel) (Entered: 12/22/2015)
2016-01-08	16	Consent MOTION for Extension of Time to File Combined Summary Judgment Reply and Opposition Memorandum by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 01/08/2016)
2016-01-13		MINUTE ORDER granting, for good cause shown, 16 Consent Motion for Extension of Time to File Combined Summary Judgment Reply and Opposition Memorandum, nunc pro tunc to 1/12/2016. It is hereby ORDERED that the briefing schedule in this matter is modified as follows: Defendant's Consolidated Reply and Opposition to Plaintiff's Cross-Motion is due by 1/26/2016. Plaintiff's Reply in Support of Cross Motion is due by 2/16/2016. Signed by Judge Ketanji Brown Jackson on 1/13/2016. (lckbj1) (Entered: 01/13/2016)
2016-01-27	17	Consent MOTION for Extension of Time to File Combined Summary Judgment Opposition/Reply by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 01/27/2016)
2016-02-01	18	REPLY to opposition to motion re 12 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts (Response), # 2 Declaration)(Kolsky, Joshua) Modified on 2/2/2016 (jf). (Entered: 02/01/2016)
2016-02-01	19	Memorandum in opposition to re 14 Cross MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts (Response), # 2 Declaration)(Kolsky, Joshua) Modified on 2/2/2016 (jf). (Entered: 02/01/2016)
2016-02-02		MINUTE ORDER granting, for good cause shown, 17 Consent Motion for Extension of Time to File Combined Summary Judgment Reply and Opposition, nunc pro tunc. It is hereby ORDERED that the briefing schedule in this matter is modified as follows: Defendant's Consolidated Reply and Opposition to Plaintiff's Cross-Motion is due by 2/1/2016. Plaintiff's Reply in Support of Cross Motion is due by 2/22/2016. Signed by Judge Ketanji Brown Jackson on 2/2/2016. (lckbj1) (Entered: 02/02/2016)
2016-02-22	20	REPLY to opposition to motion re 12 MOTION for Summary Judgment , 14 Cross MOTION for Summary Judgment filed by CHRISTOPHER BRICK. (Clattenburg, Rachel) (Entered: 02/22/2016)
2016-02-22	21	NOTICE of Errata by DEPARTMENT OF JUSTICE re 12 MOTION for Summary Judgment (Attachments: # 1 Declaration)(Kolsky, Joshua) (Entered: 02/22/2016)
2017-04-13	22	NOTICE of Appearance by Scott Lawrence Nelson on behalf of CHRISTOPHER BRICK (Nelson, Scott) (Entered: 04/13/2017)
2017-04-19	23	NOTICE OF WITHDRAWAL OF APPEARANCE as to CHRISTOPHER BRICK. Attorney Rachel M. Clattenburg terminated. (Clattenburg, Rachel) (Entered: 04/19/2017)
2017-11-09	24	MEMORANDUM OPINION AND ORDER denying without prejudice 12 , 14 Motion for Summary Judgment, requiring parties to submit proposed schedule for renewed summary judgment briefing on or before 12/8/2017, and requiring submission of documents for in camera review. See attached document for details. Signed by Judge Ketanji Brown Jackson on 11/9/2017. (lckbj1) (Entered: 11/09/2017)
2017-12-08	25	PROPOSED BRIEFING SCHEDULE (Joint) by DEPARTMENT OF JUSTICE. (Kolsky, Joshua) (Entered: 12/08/2017)
2017-12-26		MINUTE ORDER adopting the parties' proposed schedule for renewed motions for summary judgment. It is hereby ORDERED that the following briefing schedule is set in this matter: Defendant's motion for summary judgment is due on or before 2/1/2018; Plaintiff's consolidated opposition and cross-motion for summary judgment is due on or before 3/1/2018; Defendant's consolidated reply and cross-motion opposition is due on or before 3/22/2018; Plaintiff's cross-motion reply is due on or before 4/5/2018. Signed by Judge Ketanji Brown Jackson on 12/26/2017. (lckbj1) (Entered: 12/26/2017)
2018-02-01	26	MOTION for Summary Judgment (Renewed) by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration (Fourth Hardy Declaration), # 2 Text of Proposed Order)(Kolsky, Joshua) (Entered: 02/01/2018)
2018-02-01	27	NOTICE of Lodging Classified Declaration and Unredacted Documents with Classified Information Security Officer by DEPARTMENT OF JUSTICE (Kolsky, Joshua) (Entered: 02/01/2018)
2018-03-01	28	Cross MOTION for Summary Judgment Renewed by CHRISTOPHER BRICK (Attachments: # 1 Text of Proposed Order)(Nelson, Scott) (Entered: 03/01/2018)
2018-03-01	29	Memorandum in opposition to re 26 MOTION for Summary Judgment (Renewed) filed by CHRISTOPHER BRICK. (Attachments: # 1 Text of Proposed Order)(Nelson, Scott) (Entered: 03/01/2018)
2018-03-21	30	Consent MOTION for Extension of Time to File Response/Reply as to 28 Cross MOTION for Summary Judgment Renewed , 26 MOTION for Summary Judgment (Renewed) by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 03/21/2018)
2018-03-26		MINUTE ORDER granting 30 Consent Motion for Extension of Time to File Response/Reply re 28 Cross MOTION for Summary Judgment Renewed , 26 MOTION for Summary Judgment (Renewed) . It is hereby ORDERED that Defendant's consolidated summary judgment reply and cross-motion opposition is due on or before 3/26/2018, and that Plaintiff's cross-motion reply is due on or before 4/9/2018. Signed by Judge Ketanji Brown Jackson on 03/26/2018. (lckbj1) (Entered: 03/26/2018)
2018-03-26	31	REPLY to opposition to motion re 26 MOTION for Summary Judgment (Renewed) filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts (Response))(Kolsky, Joshua) (Entered: 03/26/2018)
2018-03-26	32	Memorandum in opposition to re 28 Cross MOTION for Summary Judgment Renewed filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts (Response))(Kolsky, Joshua) (Entered: 03/26/2018)
2018-04-09	33	REPLY to opposition to motion re 28 Cross MOTION for Summary Judgment Renewed filed by CHRISTOPHER BRICK. (Nelson, Scott) (Entered: 04/09/2018)
2018-09-27		MINUTE ORDER. On February 1, 2018, Defendant filed a notice informing this Court that it had lodged with a Classified Information Security Officer ("CISO") at the Department of Justice a classified declaration and unredacted copies of the documents at issue in this litigation. (See ECF No. 27 .) Because the Court is currently awaiting receipt of these materials from the CISO, review of which is necessary to resolve the parties' renewed cross motions for summary judgment (ECF Nos. 26 , 28 ), it is hereby ORDERED that this Court's consideration of the pending cross motions for summary judgment is ADMINISTRATIVELY STAYED. This stay is being imposed in the interest of judicial efficiency, and will be automatically lifted once the CISO delivers these materials to the Court. Signed by Judge Ketanji Brown Jackson on 09/27/2018. (lckbj1) (Entered: 09/27/2018)
2018-12-20	34	NOTICE OF SUBSTITUTION OF COUNSEL by Paul Cirino on behalf of DEPARTMENT OF JUSTICE Substituting for attorney Joshua M. Kolsky (Cirino, Paul) (Entered: 12/20/2018)
2019-02-19	35	MEMORANDUM AND OPINION GRANTING the Department of Justice's 26 Renewed Motion for Summary Judgment and DENYING Plaintiff's 28 Renewed Cross-Motion for Summary Judgment. Signed by Judge Ketanji Brown Jackson on 02/19/2019. (lckbj1) (Entered: 02/19/2019)
2019-02-19	36	MEMORANDUM AND OPINION GRANTING the Department of Justice's 26 Renewed Motion for Summary Judgment, DENYING Plaintiff's 28 Renewed Cross-Motion for Summary Judgment, and entering JUDGMENT in favor of the Department of Justice. Signed by Judge Ketanji Brown Jackson on 02/19/2019. (lckbj1) (Entered: 02/19/2019)
Hide Docket Events