Case Detail

FOIA Project Annotation: A federal court in New York has ruled that the Department of Justice, including the Criminal Division and the FBI, as well as the National Security Agency, the CIA, and the Office of the Director of National Intelligence properly responded to FOIA requests from the Freedom of the Press Foundation and the Knight First Amendment Institute for records concerning surveillance targeting the news media, with the exception of Exemption 5 (privileges) claims by the Criminal Division. The media groups' request was prompted by undefined terms in DOJ's Media Guidelines regarding the use of law enforcement in relation to members of the news media. The FBI disclosed 506 pages, withholding 40 pages. The Criminal Division withheld two pages under Exemption 5. Judge John Koeltl rejected the Criminal Division's deliberative process privilege claims for two PowerPoint slides that the slides contained the personal opinions of the presenter. Noting that the agency sought to "stretch this Exemption too far," Koeltl pointed out that "while its earlier drafts may have merely reflected the personal opinions of the slide's author, the final version cannot reasonably be so limited. It was communicated to staff members with a warning that failure to follow its guidance could result in reprimand; as such, it cannot be construed as the subjective views of only an individual staff member." He observed that "the fact that hypotheticals or stylized examples are used to instruct staff members about a policy does not transform such materials into a deliberative work product." He noted that "instead, these slides â€" including the portion of the withheld hypotheticals slide â€" are the 'effective law and policy' of the agency." As to the other PowerPoint slide containing a News Media Consultation form, Koeltl indicated that the form "is a standardized form document including instructions with which DOJ staff members are expected to comply, in at least a certain set of circumstances. . .[T]he information that the agency has already decided staff members must submit, as part of the consultation process, is not" [protected]. Koeltl then rejected the Criminal Division's foreseeable harm claim, noting that "the release of this information will only reveal what factors the DOJ-CRIM, as a matter of its existing policy, has already instructed its staff members are relevant to the decision of whether an individual is a member of the news media." He added that "the disclosure of the instructions themselves is unlikely to have any negative impact on the potential for open, frank discussions." Koeltl then found the FBI had conducted an adequate search. He pointed out that "the plaintiffs have offered no authority which requires agencies to name each custodian searched, and the FBI provided a declaration with sufficiently detailed descriptions about how it approaches the search and identified which staff members might have access to responsive records." Koeltl also agreed that the FBI had properly invoked Exemption 7((E) (investigative methods or techniques). He noted that "revealing the existence of such intelligence-gathering techniques or such squads, units or roles provide insights regarding the capabilities and level of focus the FBI applies to certain activities, which might assist criminals seeking to avoid such focus."
Issues: Adequacy - Search, Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 5 - Privileges - Deliberative process privilege - Predecisional, Exemption 7(E) - Investigative methods or techniques

Date Filed	Doc #	Docket Text
2017-11-29	1	COMPLAINT against Central Intelligence Agency, Department of Justice, National Security Agency, Office of the Director of National Intelligence. (Filing Fee $ 400.00, Receipt Number 0208-14413545)Document filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University. (Attachments: # 1 Exhibit FOIA Request)(Abdo, Alexander) (Entered: 11/29/2017)
2017-11-29	2	CIVIL COVER SHEET filed. (Abdo, Alexander) (Entered: 11/29/2017)
2017-11-29	3	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Freedom of the Press Foundation.(Abdo, Alexander) (Entered: 11/29/2017)
2017-11-29	4	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Knight First Amendment Institute at Columbia University.(Abdo, Alexander) (Entered: 11/29/2017)
2017-11-29	5	FILING ERROR - DEFICIENT SUMMONS REQUEST - PARTY NAME ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Department of Justice, re: 1 Complaint,. Document filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University. (Abdo, Alexander) Modified on 11/30/2017 (kl). (Entered: 11/29/2017)
2017-11-29	6	FILING ERROR - DEFICIENT SUMMONS REQUEST - PARTY NAME ERROR REQUEST FOR ISSUANCE OF SUMMONS as to National Security Agency, re: 1 Complaint,. Document filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University. (Abdo, Alexander) Modified on 11/30/2017 (kl). (Entered: 11/29/2017)
2017-11-29	7	FILING ERROR - DEFICIENT SUMMONS REQUEST - PARTY NAME ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Central Intelligence Agency, re: 1 Complaint,. Document filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University. (Abdo, Alexander) Modified on 11/30/2017 (kl). (Entered: 11/29/2017)
2017-11-29	8	REQUEST FOR ISSUANCE OF SUMMONS as to Office of the Director of National Intelligence, re: 1 Complaint,. Document filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University. (Abdo, Alexander) (Entered: 11/29/2017)
2017-11-30		CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (kl) (Entered: 11/30/2017)
2017-11-30		Magistrate Judge Henry B. Pitman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (kl) (Entered: 11/30/2017)
2017-11-30		Case Designated ECF. (kl) (Entered: 11/30/2017)
2017-11-30	9	ELECTRONIC SUMMONS ISSUED as to Office of the Director of National Intelligence. (kl) (Entered: 11/30/2017)
2017-11-30		***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Alexander Abraham Abdo to RE-FILE Document No. 5 Request for Issuance of Summons, 6 Request for Issuance of Summons, 7 Request for Issuance of Summons. The filing is deficient for the following reason(s): PLEASE LIST THE PARTY NAME FIRST. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (kl) (Entered: 11/30/2017)
2017-11-30	10	REQUEST FOR ISSUANCE OF SUMMONS as to Department of Justice, re: 1 Complaint,. Document filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University. (Abdo, Alexander) (Entered: 11/30/2017)
2017-11-30	11	REQUEST FOR ISSUANCE OF SUMMONS as to National Security Agency, re: 1 Complaint,. Document filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University. (Abdo, Alexander) (Entered: 11/30/2017)
2017-11-30	12	REQUEST FOR ISSUANCE OF SUMMONS as to Central Intelligence Agency, re: 1 Complaint,. Document filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University. (Abdo, Alexander) (Entered: 11/30/2017)
2017-11-30	14	ELECTRONIC SUMMONS ISSUED as to National Security Agency. (sj) (Entered: 12/01/2017)
2017-11-30	15	ELECTRONIC SUMMONS ISSUED as to Central Intelligence Agency. (sj) (Entered: 12/01/2017)
2017-12-01	13	ELECTRONIC SUMMONS ISSUED as to Department of Justice. (sj) (Entered: 12/01/2017)
2017-12-12	16	AFFIDAVIT OF SERVICE. Central Intelligence Agency served on 12/11/2017, answer due 1/2/2018; Department of Justice served on 12/11/2017, answer due 1/2/2018; National Security Agency served on 12/11/2017, answer due 1/2/2018; Office of the Director of National Intelligence served on 12/11/2017, answer due 1/2/2018. Service was made by Mail. Document filed by Freedom of the Press Foundation; Knight First Amendment Institute at Columbia University. (Attachments: # 1 Appendix Mail Delivery Confirmations)(Abdo, Alexander) (Entered: 12/12/2017)
2018-01-05	17	NOTICE OF COURT CONFERENCE: You are directed to appear for a pretrial conference, to be held on Monday, March 12, 2018, in Courtroom 12B, at 4:30pm in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212)805-0107. Initial Conference set for 3/12/2018 at 04:30 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (mro) (Entered: 01/08/2018)
2018-01-09	18	AFFIDAVIT OF SERVICE. Central Intelligence Agency served on 12/18/2017, answer due 1/8/2018; Department of Justice served on 12/18/2017, answer due 1/8/2018; National Security Agency served on 12/18/2017, answer due 1/8/2018; Office of the Director of National Intelligence served on 12/18/2017, answer due 1/8/2018. Service was made by Mail. Document filed by Freedom of the Press Foundation; Knight First Amendment Institute at Columbia University. (Attachments: # 1 Appendix Delivery Confirmations, # 2 Appendix Delivery Confirmations)(Abdo, Alexander) (Entered: 01/09/2018)
2018-01-17	19	ANSWER to 1 Complaint,. Document filed by Central Intelligence Agency, Department of Justice, National Security Agency, Office of the Director of National Intelligence.(Barnea, Jean-David) (Entered: 01/17/2018)
2018-01-30	20	NOTICE OF CHANGE OF ADDRESS by Alexander Abraham Abdo on behalf of Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University. New Address: Knight First Amendment Institute at Columbia University, 475 Riverside Drive, Suite 302, New York, NY, United States 10115, 6467458500. (Abdo, Alexander) (Entered: 01/30/2018)
2018-03-05	21	LETTER MOTION for Conference re: 17 Notice of Hearing, addressed to Judge John G. Koeltl from Alex Abdo dated 3/5/18. Document filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University. Return Date set for 3/12/2018 at 04:30 PM.(Abdo, Alexander) (Entered: 03/05/2018)
2018-03-06	22	ORDER: granting 21 Letter Motion for Conference. Application Granted. So Ordered. (Signed by Judge Alvin K. Hellerstein, Part I on 3/6/2018) (ap) (Entered: 03/06/2018)
2018-03-09	23	INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University.(Abdo, Alexander) (Entered: 03/09/2018)
2018-03-12	24	ORDER. As discussed at the conference on March 12, 2018, the parties should submit a stipulation with respect to the progress in this case by March 21, 2018. SO ORDERED. (Signed by Judge John G. Koeltl on 3/12/2018) (rjm) (Entered: 03/13/2018)
2018-03-22	25	STATUS REPORT. Stipulation and Proposed Order Document filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University.(Abdo, Alexander) (Entered: 03/22/2018)
2018-03-22	26	STIPULATION AND ORDER REGARDING DOCUMENT SEARCHES AND PROCESSING: Defendants will produce any non-exempt records responsive to the attached Final Processing List ("FPL") in accordance with the terms of this Stipulation. Inclusion of particular types or categories of records in the FPL is not a concession by Defendants that such records exist or that they will not be withheld, in whole or in part, pursuant to FOIA's statutory exemptions. Defendants shall complete their searches for responsive records in accordance with the FPL within 60 days from the entry of this Stipulation. The timeframes contained herein are based on Defendants' best estimates of the time required to complete the searches, as of the date of this Stipulation. Should some or all Defendants require additional time to complete their searches, the Parties will meet and confer and either present a revised Stipulation to the Court, or, if they cannot agree, make their respective proposals regarding the search schedule to the Court, as further set forth in this Order. (Signed by Judge John G. Koeltl on 3/22/2018) (mml) (Entered: 03/23/2018)
2018-07-20	27	JOINT LETTER addressed to Judge John G. Koeltl from AUSA Jean-David Barnea dated 7/20/18 re: Proposed Processing/Production Schedule. Document filed by Central Intelligence Agency, Department of Justice, National Security Agency, Office of the Director of National Intelligence.(Barnea, Jean-David) (Entered: 07/20/2018)
2018-07-24	28	MEMO ENDORSEMENT on re: 27 Letter Proposing Processing/Production Schedule, filed by Department of Justice, Office of the Director of National Intelligence, Central Intelligence Agency, National Security Agency. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge John G. Koeltl on 7/23/18) (yv) (Entered: 07/24/2018)
2018-12-27	29	STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (anc) (Entered: 01/02/2019)
2018-12-27		Case Stayed. (anc) (Entered: 01/14/2019)
2019-05-20	30	JOINT LETTER addressed to Judge John G. Koeltl from AUSA Jean-David Barnea dated 5/20/19 re: Status Report. Document filed by Central Intelligence Agency, Department of Justice, National Security Agency, Office of the Director of National Intelligence.(Barnea, Jean-David) (Entered: 05/20/2019)
2019-05-22	31	MEMO ENDORSEMENT on re: 30 Letter Status Report, filed by Department of Justice, Office of the Director of National Intelligence, Central Intelligence Agency, National Security Agency. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge John G. Koeltl on 5/21/19) (yv) (Entered: 05/22/2019)
2019-07-08	32	STATUS REPORT. with Proposed Schedule for Further Proceedings Document filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University.(Krishnan, Ramya) (Entered: 07/08/2019)
2019-07-09	33	NOTICE OF APPEARANCE by Ramya Krishnan on behalf of Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University. (Krishnan, Ramya) (Entered: 07/09/2019)
2019-07-10	34	MEMO ENDORSEMENT on re: 32 Status Report filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 7/9/2019) (kv) (Entered: 07/10/2019)
2019-08-06	35	STATUS REPORT. with Proposed Schedule for Further Proceedings Document filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University.(Krishnan, Ramya) (Entered: 08/06/2019)
2019-08-21	36	MEMO ENDORSEMENT on re: 35 Status Report filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University (Signed by Judge Gregory H. Woods, Part 1 on 8/21/19) (yv) (Entered: 08/21/2019)
2019-10-01		NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Sarah L. Cave. Please note that this is a reassignment of the designation only. (laq) (Entered: 11/12/2019)
2019-10-10	37	NOTICE OF APPEARANCE by Anna Natalia Diakun on behalf of Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University. (Diakun, Anna) (Entered: 10/10/2019)
2019-10-10	38	NOTICE OF APPEARANCE by Leena M. Charlton on behalf of Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University. (Charlton, Leena) (Entered: 10/10/2019)
2019-10-16	39	JOINT LETTER addressed to Judge John G. Koeltl from AUSA Jean-David Barnea dated 10/16/19 re: Status Report. Document filed by Central Intelligence Agency, Department of Justice, National Security Agency, Office of the Director of National Intelligence.(Barnea, Jean-David) (Entered: 10/16/2019)
2019-10-18	40	MEMO ENDORSEMENT on re: 39 Letter Status Report, filed by Department of Justice, Office of the Director of National Intelligence, Central Intelligence Agency, National Security Agency. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge John G. Koeltl on 10/17/19) (yv) (Entered: 10/18/2019)
2019-11-07	41	STATUS REPORT. Document filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University.(Diakun, Anna) (Entered: 11/07/2019)
2019-11-18	42	STATUS REPORT. Document filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University.(Diakun, Anna) (Entered: 11/18/2019)
2019-11-20	43	MEMO ENDORSEMENT on re: 42 Status Report filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 11/19/2019) (ks) (Entered: 11/20/2019)
2019-12-23	44	NOTICE OF APPEARANCE by Stephen Seungkun Cha-Kim on behalf of Central Intelligence Agency, Department of Justice, National Security Agency, Office of the Director of National Intelligence. (Cha-Kim, Stephen) (Entered: 12/23/2019)
2020-01-24	45	MOTION for Summary Judgment . Document filed by Central Intelligence Agency, Department of Justice, National Security Agency, Office of the Director of National Intelligence.(Cha-Kim, Stephen) (Entered: 01/24/2020)
2020-01-24	46	MEMORANDUM OF LAW in Support re: 45 MOTION for Summary Judgment . . Document filed by Central Intelligence Agency, Department of Justice, National Security Agency, Office of the Director of National Intelligence. (Cha-Kim, Stephen) (Entered: 01/24/2020)
2020-01-24	47	DECLARATION of Michael G. Seidel in Support re: 45 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency, Department of Justice, National Security Agency, Office of the Director of National Intelligence. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Cha-Kim, Stephen) (Entered: 01/24/2020)
2020-01-24	48	DECLARATION of Gail Brodfuehrer in Support re: 45 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency, Department of Justice, National Security Agency, Office of the Director of National Intelligence. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Cha-Kim, Stephen) (Entered: 01/24/2020)
2020-01-24	49	DECLARATION of AUSA Stephen Cha-Kim in Support re: 45 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency, Department of Justice, National Security Agency, Office of the Director of National Intelligence. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cha-Kim, Stephen) (Entered: 01/24/2020)
2020-02-21	50	CROSS MOTION for Partial Summary Judgment as to Department of Justice . Document filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 02/21/2020)
2020-02-21	51	MEMORANDUM OF LAW in Support re: 50 CROSS MOTION for Partial Summary Judgment as to Department of Justice . . Document filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 02/21/2020)
2020-02-21	52	DECLARATION of Leena Charlton in Support re: 50 CROSS MOTION for Partial Summary Judgment as to Department of Justice .. Document filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24).(Diakun, Anna) (Entered: 02/21/2020)
2020-03-13	53	REPLY MEMORANDUM OF LAW in Support re: 45 MOTION for Summary Judgment . and in Opposition to Plaintiffs' Cross Motion . Document filed by Central Intelligence Agency, Department of Justice, National Security Agency, Office of the Director of National Intelligence..(Cha-Kim, Stephen) (Entered: 03/13/2020)
2020-03-13	54	DECLARATION of David M. Hardy in Support re: 45 MOTION for Summary Judgment .. Document filed by Department of Justice. (Attachments: # 1 Exhibit Amended Production).(Cha-Kim, Stephen) (Entered: 03/13/2020)
2020-03-25	55	CONSENT LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge John G. Koeltl from Anna Diakun dated March 25, 2020. Document filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 03/25/2020)
2020-03-26	56	ORDER granting 55 Letter Motion for Extension of Time to File Response/Reply re 55 CONSENT LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge John G. Koeltl from Anna Diakun dated March 25, 2020. Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 3/26/2020) Replies due by 4/17/2020. (ks) (Entered: 03/26/2020)
2020-04-17	57	NOTICE of Errata and Corrections re: 51 Memorandum of Law in Support of Motion,. Document filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University. (Attachments: # 1 Corrected Brief).(Diakun, Anna) (Entered: 04/17/2020)
2020-04-17	58	MEMORANDUM OF LAW in Support re: 50 CROSS MOTION for Partial Summary Judgment as to Department of Justice . Correction of ECF No. 51 . Document filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 04/17/2020)
2020-04-17	59	REPLY MEMORANDUM OF LAW in Support re: 50 CROSS MOTION for Partial Summary Judgment as to Department of Justice . . Document filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 04/17/2020)
2020-04-17	60	DECLARATION of Leena Charlton in Support re: 50 CROSS MOTION for Partial Summary Judgment as to Department of Justice .. Document filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2).(Diakun, Anna) (Entered: 04/17/2020)
2020-04-17	61	LETTER addressed to Judge John G. Koeltl from Anna Diakun dated April 17, 2020 re: Request for Oral Argument. Document filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 04/17/2020)
2020-09-03	62	MOTION for Leena Charlton to Withdraw as Attorney . Document filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University..(Charlton, Leena) (Entered: 09/03/2020)
2020-09-07	63	MEMO ENDORSEMENT granting 62 Motion to Withdraw as Attorney. ENDORSEMENT: Application granted. Attorney Leena M. Charlton terminated (Signed by Judge John G. Koeltl on 9/7/2020) (cf) (Entered: 09/08/2020)
2020-09-16		Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument set for 10/1/2020 at 03:30 PM before Judge John G. Koeltl. (Fletcher, Donnie) (Entered: 09/16/2020)
2020-09-16		Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument set for 10/1/2020 at 03:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) (Entered: 09/16/2020)
2020-09-16		Minute Entry for proceedings held before Judge John G. Koeltl: Date and time change: Oral Argument set for 9/28/2020 at 02:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) (Entered: 09/16/2020)
2020-09-28	64	ORDER: As discussed at today's conference, the government shall submit, by Wednesday, September 30, a sworn declaration from Mr. Seidel stating, with respect to the records described in paragraph 19 of his prior declaration, ECF No. 47, that is such responsive records existed, they would have been known to the subject matter expert and others consulted. If the plaintiffs wish to reply, such reply must be submitted the following day. SO ORDERED. (Signed by Judge John G. Koeltl on 9/28/2020) (va) (Entered: 09/28/2020)
2020-09-28		Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument held on 9/28/2020 re: 45 MOTION for Summary Judgment. Filed by Department of Justice, Office of the Director of National Intelligence, Central Intelligence Agency, National Security Agency. 50 CROSS MOTION for Partial Summary Judgment as to Department of Justice. Filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University, (Fletcher, Donnie) (Entered: 10/06/2020)
2020-09-30	65	DECLARATION of Michael Seidel in Support re: 45 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency, Department of Justice, National Security Agency, Office of the Director of National Intelligence..(Cha-Kim, Stephen) (Entered: 09/30/2020)
2020-10-01	66	REPLY to Response to Motion re: 50 CROSS MOTION for Partial Summary Judgment as to Department of Justice . . Document filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 10/01/2020)
2020-10-09	67	OPINION AND ORDER re: 50 CROSS MOTION for Partial Summary Judgment as to Department of Justice . filed by Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University, 45 MOTION for Summary Judgment . filed by Department of Justice, Office of the Director of National Intelligence, Central Intelligence Agency, National Security Agency. The Court has considered all the arguments of the parties. To the extent not specifically discussed, the arguments of the parties are either moot or without merit. The plaintiff's motion for summary judgment with respect to the DOJ-CRIM's disputed redactions of documents under Exemption 5 is granted, but denied in all other respects. The Government's motion for summary judgment is denied with respect to the DOJ-CRIM's disputed redactions under Exemption 5, but granted in all other respects. The Clerk is directed to enter judgment accordingly and to close all pending motions and to close this case. SO ORDERED. (Signed by Judge John G. Koeltl on 10/9/2020) (ks) Transmission to Orders and Judgments Clerk for processing. (Entered: 10/09/2020)
2020-10-13	68	CLERK'S JUDGMENT re: 67 Memorandum & Opinion in favor of Central Intelligence Agency, Department of Justice, Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University, National Security Agency, Office of the Director of National Intelligence against Central Intelligence Agency, Department of Justice, Freedom of the Press Foundation, Knight First Amendment Institute at Columbia University, National Security Agency, Office of the Director of National Intelligence. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated October 9, 2020, the Court has considered all the arguments of the parties. To the extent not specifically discussed, the arguments of the parties are either moot or without merit. The plaintiff's motion for summary judgment with respect to the DOJ-CRIM's disputed redactions of documents under Exemption 5 is granted, but denied in all other respects. The Government's motion for summary judgment is denied with respect to the DOJ-CRIM's disputed redactions under Exemption 5, but granted in all other respects; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 10/13/2020) (Attachments: # 1 Right to Appeal) (km) (Entered: 10/13/2020)
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