Case Detail

FOIA Project Annotation: Judge Gladys Kessler has ruled that the Department of Homeland Security properly invoked Exemption 5 (deliberative process privilege) to withhold most of 20 documents related to a request from Judicial Watch for records pertaining to suspending deportation proceedings. After a search by both Homeland Security and Immigration and Customs Enforcement, the agency found 4,235 responsive records. Those were winnowed down to the final 20 and Judicial Watch challenged the agency's application of Exemption 5. Judicial Watch claimed some of the documents were not privileged because they dealt with public relations rather than policy issues. But Kessler noted that "in this District, however, courts have routinely found that drafts and discussions relating to how to respond to press inquiries are covered by the deliberative process privilege." She indicated that "the fear of public scrutiny may affect an agency's consideration of whether to provide a statement to a television news program just as it may affect consideration of the underlying substantive policy." She added that "the documents at issue here, including drafts and communications relating to press inquiries, are predecisional to the agency's determination of how to present its policy in the press." Judicial Watch contended two other documents were largely factual lists. But Kessler pointed out that they were lists of draft questions and observed that "Judicial Watch simply ignores applicable case law in this District that draft questions prepared for a presentation are protected by the deliberative process privilege."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 5 - Privileges - Deliberative process privilege - Predecisional

Date Filed	Doc #	Docket Text
2011-03-23	1	COMPLAINT against UNITED STATES DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 350, receipt number 4616037429) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet)(dr) (Entered: 03/25/2011)
2011-03-23		SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (dr) (Entered: 03/25/2011)
2011-03-23	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. identifying Corporate Parent NONE for JUDICIAL WATCH, INC.. (dr) (Entered: 03/25/2011)
2011-04-05	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/28/2011. Answer due for ALL FEDERAL DEFENDANTS by 4/27/2011. (Attachments: # 1 Declaration of Cristina Rotaru)(Orfanedes, Paul) (Entered: 04/05/2011)
2011-04-05	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/28/2011. (See Docket Entry 3 to view document) (dr) (Entered: 04/06/2011)
2011-04-05	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 3/28/2011. (See Docket Entry 3 to view document) (dr) (Entered: 04/06/2011)
2011-04-27	6	NOTICE of Appearance by Joseph Wilfred Mead on behalf of UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Mead, Joseph) (Entered: 04/27/2011)
2011-04-27	7	ANSWER to 1 Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Mead, Joseph) (Entered: 04/27/2011)
2011-05-04	8	ORDER setting an Initial Scheduling Conference for May 10, 2011, at 10:00 a.m. Signed by Judge Gladys Kessler on 5/4/11. (CL, ) (Entered: 05/04/2011)
2011-05-04		Set/Reset Hearings: Initial Scheduling Conference set for 5/10/2011 10:00 AM in Courtroom 26A before Judge Gladys Kessler. (CL, ) (Entered: 05/04/2011)
2011-05-06		ORDER: The time for the Initial Scheduling Conference on Tuesday, May 10, 2011, is hereby changed to 11:30 a.m. Signed by Judge Gladys Kessler on 5/6/11. (CL, ) (Entered: 05/06/2011)
2011-05-06		Set/Reset Hearings: Initial Scheduling Conference set for 5/10/2011 11:30 AM in Courtroom 26A before Judge Gladys Kessler. (CL, ) (Entered: 05/06/2011)
2011-05-06	9	MEET AND CONFER STATEMENT. (Aldrich, Jason) (Entered: 05/06/2011)
2011-05-10	10	ORDER: Defendant shall make two productions to Plaintiff, occurring on May 26, 2011, and June 16, 2011; the Parties shall file a Joint Status Report by July 1, 2011, at 5:00 p.m. Signed by Judge Gladys Kessler on 5/10/11. (CL, ) (Entered: 05/10/2011)
2011-05-10		Set/Reset Deadlines: Joint Status Report due by 7/1/2011 (CL, ) (Entered: 05/10/2011)
2011-05-10		Minute Entry for proceedings held before Judge Gladys Kessler: Initial Scheduling Telephone Conference held on 5/10/2011. (Court Reporter Susan Tyner.) (tth) (Entered: 05/11/2011)
2011-06-08	11	Joint MOTION for Extension of Time to Release Records and File Status Report by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Mead, Joseph) (Entered: 06/08/2011)
2011-06-09		Minute ORDER granting 11 Motion for Extension of Deadlines; Defendant shall make its second production to Plaintiff on June 23, 2011; parties shall file a joint status report by July 8, 2011, at 5 p.m. Signed by Judge Gladys Kessler on 6/8/11. (lcgk3, ) (Entered: 06/09/2011)
2011-06-10		Set/Reset Deadlines: Status Report due by 7/8/2011 (CL, ) (Entered: 06/10/2011)
2011-07-07	12	STATUS REPORT JOINT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Mead, Joseph) (Entered: 07/07/2011)
2011-08-03		MINUTE ORDER: The Parties are to file a further Joint Status Report no later than August 15, 2011. Signed by Judge Gladys Kessler on 8/3/11. (CL, ) (Entered: 08/03/2011)
2011-08-03		Set/Reset Deadlines: Status Report due by 8/15/2011 (CL, ) (Entered: 08/03/2011)
2011-08-05	13	STATUS REPORT , SECOND JOINT, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Mead, Joseph) (Entered: 08/05/2011)
2011-08-05	14	ORDER: The Parties are to file a Third Joint Status Report no later than October 7, 2011. Signed by Judge Gladys Kessler on 8/5/11. (CL, ) (Entered: 08/05/2011)
2011-08-05		Set/Reset Deadlines: Status Report due by 10/7/2011 (CL, ) (Entered: 08/05/2011)
2011-10-07	15	STATUS REPORT JOINT - THIRD by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Mead, Joseph) (Entered: 10/07/2011)
2011-10-11	16	ORDER: The parties shall file a Third Joint Status Report no later than October 27, 2011. Signed by Judge Gladys Kessler on 10/11/11. (CL, ) (Entered: 10/11/2011)
2011-10-11		Set/Reset Deadlines: Status Report due by 10/27/2011 (CL, ) (Entered: 10/11/2011)
2011-10-27	17	STATUS REPORT JOINT FORTH by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Mead, Joseph) (Entered: 10/27/2011)
2011-10-27	18	ORDER setting out briefing schedule for Motions for Summary Judgment (see Order for details). Signed by Judge Gladys Kessler on 10/27/11. (CL, ) (Entered: 10/27/2011)
2011-10-27		Set/Reset Deadlines: Cross Motions due by 1/5/2012. Response to Cross Motions due by 1/26/2012. Reply to Cross Motions due by 2/2/2012. Summary Judgment motions due by 12/8/2011. Response to Motion for Summary Judgment due by 1/5/2012. Reply to Motion for Summary Judgment due by 1/26/2012. (CL, ) (Entered: 10/27/2011)
2011-12-08	19	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Exhibit 1 - Holzer Declaration, # 2 Exhibit 1A - Holzer Vaughn Index, # 3 Exhibit 2 - Pavlik-Keenan Declaration, # 4 Exhibit 2A - Pavlik-Keenan Vaughn Index, # 5 Exhibit 2b & c - Exhibits to Pavlik Keenan Declaration, # 6 Text of Proposed Order)(Mead, Joseph) (Entered: 12/08/2011)
2012-01-05	20	Memorandum in opposition to re 19 MOTION for Summary Judgment and Cross Motion for Summary Judgment filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Aldrich, Jason) (Entered: 01/05/2012)
2012-01-05	21	Cross MOTION for Summary Judgment by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Aldrich, Jason) (Entered: 01/05/2012)
2012-01-26	22	Memorandum in Opposition re 21 Cross MOTION for Summary Judgment, filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Mead, Joseph) Modified on 1/27/2012 to edit event, relationship and link(dr). (Entered: 01/26/2012)
2012-01-26	23	REPLY to opposition to motion re 19 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Mead, Joseph) Modified on 1/27/2012 to edit relationship and link (dr). (Entered: 01/26/2012)
2012-02-02	24	REPLY to opposition to motion re 21 Cross MOTION for Summary Judgment filed by JUDICIAL WATCH, INC.. (Aldrich, Jason) (Entered: 02/02/2012)
2012-07-30	25	ORDER granting 19 Defendant's Motion for Summary Judgment; and denying 21 Plaintiff's Motion for Summary Judgment. Signed by Judge Gladys Kessler on 7/30/12. (CL, ) (Entered: 07/30/2012)
2012-07-30	26	MEMORANDUM OPINION to the Order granting Defendant's Motion for Summary Judgment and denying Plaintiff's Motion for Summary Judgment. Signed by Judge Gladys Kessler on 7/30/12. (CL, ) (Entered: 07/30/2012)
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