Case Detail

FOIA Project Annotation: Judge Trevor McFadden has ruled that the FBI did not improperly narrow EPIC's request for records concerning cyber-attacks by Russia during the 2016 election and that the agency properly withheld records under Exemption 7(A) (interference with ongoing investigation or proceeding), Exemption 1 (national security), and Exemption 3 (other statutes). EPIC submitted a four-part FOIA request, two parts of which focused specifically on Russian attempts to hack the Republican National Committee, the Democratic National Committee, and the Democratic Congressional Campaign Committee. Another part asked more broadly for records regarding Russian interference in the 2016 election. EPIC argued the agency had improperly narrowed its request by searching only its records concerning its investigation into Russian interference in the 2016 election. McFadden disagreed, noting that "EPIC misunderstands the FBI's statement that it construed the universe of responsive records as co-extensive with the Russian investigation files. In context, this statement shows that the FBI assumed EPIC would be interested in every record in those files, not that the FBI assumed EPIC would be uninterested in records stored elsewhere. The FBI limited its search to the Russian investigation files not because it believed EPIC had asked for this limitation but because it determined, based on consultation with subject-matter experts, that this is where the FBI would store responsive records. This decision falls within the scope of the FBI's discretion and expertise in crafting a reasonable search and does not make the search inadequate. Nor do EPIC's speculations about the existence of other files containing responsive communications or records related to the FBI's public reports alter this analysis." EPIC accused the FBI of making a blanket exemption claim under Exemption 7(A) for records pertaining to the Russian investigation. McFadden, however, pointed out that "contrary to EPIC's characterization, the FBI has not claimed a blanket exemption for all documents in the Russia investigation files. Instead, it has claimed three categorical exemptions for specific types of information in those files. And my review of both the public and in camera portions of [the agency's] declaration satisfy me that Exemption 7(A) applies to each category." He observed that "the FBI evaluated whether it could produce any records given the reports, indictments, and plea agreements on which EPIC relies, but found that this public information does not match the information withheld at the same level of specificity." EPIC also questioned the propriety of the Exemption 1 claims. McFadden indicated that the FBI's affidavit "goes on to explain that the FBI's redactions prevent the disclosure of 'how the FBI conducts surveillance under the [Foreign Intelligence Surveillance Act], handles FISA-derived information, and otherwise implements and utilizes the technique.' This explanation provides a more specific explanation of why releasing the redacted information would undermine an important method and jeopardize national security. Providing more information would jeopardize the purpose of Exemption 1." EPIC found it "highly implausible" that all of four pages redacted under Exemption 3 contained information protected by the National Security Act. McFadden observed that "the FBI has specified the reasons for its redactions in as much detail as possible on the public record and has accounted for the disclosure of other FISA procedures by explaining that the redacted information 'does not match or mirror any information previously made public by the FBI through an official disclosure.'"
Issues: Adequacy - Search, Exemption 7(A) - Categorical exemption

Date Filed	Doc #	Docket Text
2017-01-18	1	COMPLAINT against FEDERAL BUREAU OF INVESTIGATION ( Filing fee $ 400 receipt number 0090-4811409) filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General for the United States, # 3 Summons Federal Bureau of Investigation, # 4 Summons U.S. Attorney for the District of Columbia)(Butler, Alan) (Entered: 01/18/2017)
2017-01-18	2	Corporate Disclosure Statement by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 01/18/2017)
2017-01-18	3	NOTICE of Appearance by Marc Rotenberg on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Rotenberg, Marc) (Entered: 01/18/2017)
2017-01-23		Case Assigned to Judge Royce C. Lamberth. (zsb) (Entered: 01/23/2017)
2017-01-23	4	SUMMONS (3) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 01/23/2017)
2017-02-07	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/24/2017. Answer due for ALL FEDERAL DEFENDANTS by 2/23/2017. (Butler, Alan) (Entered: 02/07/2017)
2017-02-07	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 01/24/2017. (Butler, Alan) (Entered: 02/07/2017)
2017-02-07	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 1/30/2017 (Attachments: # 1 Certified Mail Receipt)(Butler, Alan) (Entered: 02/07/2017)
2017-02-23	8	ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION.(Merritt, Robert) (Entered: 02/23/2017)
2017-03-10	9	ORDER, defendant's dispositive motions shall be filed within 10 days. Signed by Judge Royce C. Lamberth on 3/9/17. (lcrcl1, ) (Entered: 03/10/2017)
2017-03-20	10	Consent MOTION to Modify March 9, 2017 Order by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Merritt, Robert) (Entered: 03/20/2017)
2017-03-27	11	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Merritt, Robert) (Entered: 03/27/2017)
2017-04-07	12	ORDER granting, nunc pro tunc 10 Motion to Modify. Signed by Judge Royce C. Lamberth on 4/6/17. (zlsj) (Entered: 04/07/2017)
2017-04-10	13	SCHEDULING ORDER entered in light of 11 ; SEE ORDER FOR FULL DETAILS. Joint Status Report due by 8/8/2017. Signed by Judge Royce C. Lamberth on 4/6/17. (zlsj) (Entered: 04/10/2017)
2017-05-12	14	MOTION to Compel Preservation by ELECTRONIC PRIVACY INFORMATION CENTER (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Butler, Alan) (Entered: 05/12/2017)
2017-05-19	15	RESPONSE re 14 MOTION to Compel Preservation filed by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Merritt, Robert) (Entered: 05/19/2017)
2017-05-26	16	REPLY to opposition to motion re 14 MOTION to Compel Preservation filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 05/26/2017)
2017-06-30	17	ORDER denying 14 Motion to Compel. Signed by Judge Royce C. Lamberth on 6/25/17. (lcrcl1, ) (Entered: 06/30/2017)
2017-08-08	18	Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(Butler, Alan) (Entered: 08/08/2017)
2017-08-14	19	SCHEDULING ORDER: Summary Judgment motions due by 10/12/2017. Response to Motion for Summary Judgment due by 11/15/2017. Reply to Motion for Summary Judgment due by 12/5/2017. Replies due by 12/15/2017. Signed by Judge Royce C. Lamberth on 8/9/17. (lsj) (Entered: 08/14/2017)
2017-10-06	20	MOTION to Clarify Scheduling Order by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Merritt, Robert) (Entered: 10/06/2017)
2017-10-12	21	MOTION for Leave to File Ex Parte, In Camera Versions of the FBI's Summary Judgment Filings by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Merritt, Robert) (Entered: 10/12/2017)
2017-10-12	22	MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Index of Exhibits, # 5 Hardy Declaration)(Merritt, Robert) (Attachment 5 replaced on 10/13/2017) (znmw). (Entered: 10/12/2017)
2017-10-26	23	Memorandum in opposition to re 21 MOTION for Leave to File Ex Parte, In Camera Versions of the FBI's Summary Judgment Filings filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(Butler, Alan) (Entered: 10/26/2017)
2017-11-02		Case directly reassigned to Judge Trevor N. McFadden. Judge Royce C. Lamberth is no longer assigned to the case. (ztnr) (Entered: 11/02/2017)
2017-11-15	24	Cross MOTION for Summary Judgment by ELECTRONIC PRIVACY INFORMATION CENTER (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Exhibit 1-7, # 4 Text of Proposed Order)(Butler, Alan) (Entered: 11/15/2017)
2017-11-15	25	Memorandum in opposition to re 22 MOTION for Summary Judgment filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Exhibit 1-7, # 4 Text of Proposed Order)(Butler, Alan) (Entered: 11/15/2017)
2017-11-16		MINUTE ORDER: In light of the recent assignment of this case to Judge McFadden, the parties are advised that the pre-existing schedule for this case remains in effect. The parties shall comply with all deadlines as previously ordered. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/16/2017. (lctnm1) (Entered: 11/16/2017)
2017-11-30	26	Unopposed MOTION for Extension of Time to File Combined Reply in Support of Its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Merritt, Robert) (Entered: 11/30/2017)
2017-11-30		MINUTE ORDER granting 26 Unopposed Motion for Extension of Time. Defendant shall file its combined reply in support of its motion for summary judgment and opposition to Plaintiff's cross-motion for summary judgment by December 11, 2017. Plaintiff shall file its reply brief in support of its cross-motion for summary judgment by December 21, 2017.(lctnm1) (Entered: 11/30/2017)
2017-12-01		Set/Reset Deadlines: Defendant's reply in support of its Motion for Summary Judgment and opposition to Plaintiff's Cross-Motion due by 12/11/2017. Plaintiff's reply in support of its Cross-Motion due by 12/21/2017. (hmc) (Entered: 12/01/2017)
2017-12-11	27	RESPONSE re 24 Cross MOTION for Summary Judgment and Reply in Support of Defendant's Summary Judgment Motion filed by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Statement of Facts Response To Plaintiff's Statement of Material Facts Not In Dispute, # 2 Exhibit Second Declaration of David M. Hardy)(Merritt, Robert) (Entered: 12/11/2017)
2017-12-11	28	REPLY to opposition to motion re 22 MOTION for Summary Judgment and Response in Opposition to Plaintiff's Cross Motion for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Statement of Facts Response To Plaintiff's Statement of Material Facts Not in Dispute, # 2 Exhibit Second Declaration of David M. Hardy)(Merritt, Robert) (Entered: 12/11/2017)
2017-12-21	29	REPLY to opposition to motion re 24 Cross MOTION for Summary Judgment filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 12/21/2017)
2018-03-01	30	ORDER granting 21 Motion for Leave to File. See attached order for details. Signed by Judge Trevor N. McFadden on 3/1/18. (lctnm1) (Entered: 03/01/2018)
2018-05-22	31	MEMORANDUM AND OPINION re Defendant's 22 Motion for Summary Judgment and Plaintiff's 24 Cross-Motion for Summary Judgment. Signed by Judge Trevor N. McFadden on 5/22/18. (lctnm1) (Entered: 05/22/2018)
2018-05-22	32	ORDER granting Defendant's 22 Motion for Summary Judgment and denying Plaintiff's 24 Cross-Motion for Summary Judgment. See attached order for details. Signed by Judge Trevor N. McFadden on 5/22/18. (lctnm1) (Entered: 05/22/2018)
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