Case Detail

FOIA Project Annotation: Judge Amy Berman Jackson has ruled that the Justice Department properly applied Exemption 5 (privileges) and Exemption 7(E) (investigative methods and techniques) to withhold information from academic Christopher Soghoian, who had requested records related to certain electronic surveillance practices of federal law enforcement agencies. Soghoian indicated he was particularly looking for records from the Office of Enforcement Operations and the Computer Crime and Intellectual Property Section. The Criminal Division located 186 pages and EOUSA found 418 pages. Criminal discovered a 299-page manual was available on the Internet and disclosed the slightly redacted publicly available version, but decided to withhold all the rest of the records. Soghoian appealed to OIP, but filed suit after it missed the statutory deadline for responding. Soghoian argued the agency had withheld too much information under Exemptions 5 and 7(E) and had failed to segregate non-exempt information. He asserted that the attorney work-product privilege did not apply to some records because there was no pending litigation. However, Jackson noted that "here, the legal strategies and issues addressed in the withheld documents are protected because they relate to foreseeable litigation arising out of the government's criminal investigations. . .The Court finds these documents are covered by the attorney work product privilege because they present the legal strategies of the DOJ attorneys who will be required to litigate on behalf of the government." Jackson had reviewed the documents in camera and she agreed with the agency that other documents were protected by the deliberative process privilege. She indicated that some documents contained "draft material for an OEO manual and analysis and commentary by DOJ attorneys. The [documents are] deliberative because attorneys are considering and debating language that will ultimately be embodied in a policy manual. . .These documents are pre-decisional because they were drafts that had not yet been adopted as agency policy at the time they were written." She also affirmed the agency's application of 7(E). She pointed out that "knowing what information is collected, how it is collected, and more importantly, when it is not collected, is information that law enforcement might reasonably expect to lead would-be offenders to evade detection." Agreeing that the agency had conducted an adequate segregability analysis, she pointed out that the D.C. Circuit had ruled in Judicial Watch v. Dept of Justice, 432 F.3d 366 (D.C. Cir. 2005), that the segregability requirement did not apply to records protected by the attorney work-product privilege.
Issues: Exemption 5 - Privileges - Attorney work-product privilege, Exemption 7(E) - Investigative methods or techniques

Date Filed	Doc #	Docket Text
2011-06-13	1	COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 350, receipt number 4616039588) filed by CHRISTOPHER SOGHOIAN. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 06/14/2011)
2011-06-13		SUMMONS (3) Issued as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 06/14/2011)
2011-06-13	2	MOTION to allow electronically filing by CHRISTOPHER SOGHOIAN (jf, ) (Entered: 06/14/2011)
2011-06-14		MINUTE ORDER granting 2 pro se plaintiff's motion to file electronically. Plaintiff should read materials available on the Court's website pertaining to electronic filing, fill out the ECF Registration Form, and fax it to the Clerk's Office. Signed by Judge Amy Berman Jackson on 6/14/11. (MT) (Entered: 06/14/2011)
2011-06-29	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 6/14/2011 (SOGHOIAN, CHRISTOPHER) (Entered: 06/29/2011)
2011-06-29	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/14/2011. Answer due for ALL FEDERAL DEFENDANTS by 7/14/2011. (SOGHOIAN, CHRISTOPHER) (Entered: 06/29/2011)
2011-06-29	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/14/2011. (SOGHOIAN, CHRISTOPHER) (Entered: 06/29/2011)
2011-07-10	6	NOTICE of Appearance by John G. Interrante on behalf of DEPARTMENT OF JUSTICE (Interrante, John) (Entered: 07/10/2011)
2011-07-11	7	Consent MOTION for Extension of Time to File Answer re 1 Complaint by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 07/11/2011)
2011-07-12		MINUTE ORDER granting 7 Consent Motion for Extension of Time to Answer. The answer will be due 8/12/2011. Signed by Judge Amy Berman Jackson on 7/12/2011. (MT) (Entered: 07/12/2011)
2011-08-12	8	ANSWER to 1 Complaint by DEPARTMENT OF JUSTICE.(Interrante, John) (Entered: 08/12/2011)
2011-08-15	9	ORDER that defendant file a dispositive motion or, in the alternative, a document production scheduling report on or before 9/12/2011. Signed by Judge Amy Berman Jackson on 8/15/2011. (MT) (Entered: 08/15/2011)
2011-08-15		Set/Reset Deadlines: Defendant directed to file a dispositive motion or, in the alternative, a document production scheduling report by 9/12/2011. (jth) (Entered: 08/15/2011)
2011-09-12	10	NOTICE (Defendant's Scheduling Report) by DEPARTMENT OF JUSTICE re 9 Order (Interrante, John) (Entered: 09/12/2011)
2011-09-13		MINUTE ORDER re 10 Defendant's Scheduling Report. The parties are directed to submit a joint report on or before 10/7/2011 notifying the Court if the Vaughn declarations have been completed and proposing a schedule for the briefing of dispositive motions. Signed by Judge Amy Berman Jackson on 9/13/2011. (MT) (Entered: 09/13/2011)
2011-09-13		Set/Reset Deadlines: The parties are directed to file a joint report notifying the Court if the Vaughn declarations have been completed and proposing a schedule for the briefing of dispositive motions. The Joint Report is due by 10/7/2011. (jth) (Entered: 09/13/2011)
2011-10-07	11	STATUS REPORT (Consent) by DEPARTMENT OF JUSTICE. (Interrante, John) (Entered: 10/07/2011)
2011-10-11		MINUTE ORDER: The parties are directed to submit another status report on or before 10/28/2011 indicating whether, in light of the agency's further review of the withheld documents and the fact that many of the requested documents are available on the internet, the matter can be resolved short of the filing of dispositive motions. Signed by Judge Amy Berman Jackson on 10/11/2011. (MT) (Entered: 10/11/2011)
2011-10-11		Set/Reset Deadlines: The parties are directed to submit another status report indicating whether, in light of the agency's further review of the withheld documents and the fact that many of the requested documents are available on the internet, the matter can be resolved short of the filing of dispositive motions. Status Report due by 10/28/2011. (jth) (Entered: 10/11/2011)
2011-10-11	12	SCHEDULING ORDER: Defendant's motion for summary judgment will be due by 1/20/2012. Plaintiff's opposition to the motion for summary judgment will be due by 2/21/2012. Defendant's reply to the motion for summary judgment will be due by 3/13/2012. Signed by Judge Amy Berman Jackson on 10/11/2011. (MT) (Entered: 10/11/2011)
2011-10-28	13	STATUS REPORT (Consent) by DEPARTMENT OF JUSTICE. (Interrante, John) (Entered: 10/28/2011)
2012-01-18	14	Consent MOTION for Extension of Time to Amend 12 Scheduling Order,, Consent MOTION for Extension of Time to File Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 01/18/2012)
2012-01-19		MINUTE ORDER granting 14 Motion for Extension of Time. Defendant's motion for summary judgment will be due 2/6/2012, plaintiff's opposition will be due 3/9/2012, and defendant's reply will be due 3/23/2012. Signed by Judge Amy Berman Jackson on 1/19/2012. (MT) (Entered: 01/19/2012)
2012-01-19		Set/Reset Deadlines: Defendant's Summary Judgment motion is due by 2/6/2012; Plaintiff's Opposition is due by 3/9/2012; and Defendant's Reply is due by 3/23/2012. (jth) (Entered: 01/19/2012)
2012-02-06	15	MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Declaration John Cunningham (DOJ CRM), # 3 Declaration John Boseker (EOUSA), # 4 Text of Proposed Order)(Interrante, John) (Entered: 02/06/2012)
2012-02-15	16	Consent MOTION for Extension of Time to Amend January 19, 2012 Minute Order by CHRISTOPHER SOGHOIAN (Attachments: # 1 Text of Proposed Order)(SOGHOIAN, CHRISTOPHER) (Entered: 02/15/2012)
2012-02-16		MINUTE ORDER granting 16 Consent Motion for Extension of Time. The opposition to 15 Motion for Summary Judgment will be due 4/9/2012. The parties should evaluate their relative positions and notify chambers if a referral to the court mediation program or a Magistrate Judge for settlement purposes would be appropriate in this case. Signed by Judge Amy Berman Jackson on 2/16/2012. (MT) (Entered: 02/16/2012)
2012-02-17		Set/Reset Deadlines: Plaintiff's opposition to Defendant's Motion for Summary Judgment is due by 4/9/2012. (jth) (Entered: 02/17/2012)
2012-04-10	17	Cross MOTION for Summary Judgment and for Oral Hearing by CHRISTOPHER SOGHOIAN (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(SOGHOIAN, CHRISTOPHER). Added MOTION for Hearing on 4/10/2012 (jf, ). (Entered: 04/10/2012)
2012-04-10	18	Memorandum in opposition to re 15 MOTION for Summary Judgment filed by CHRISTOPHER SOGHOIAN. (See Docket Entry 17 to view document) (jf, ) (Entered: 04/10/2012)
2012-04-27	19	Consent MOTION for Extension of Time to File Response/Reply as to 17 Cross MOTION for Summary Judgment MOTION for Hearing, 15 MOTION for Summary Judgment and to Amend Court's February 16, 2012 Scheduling Order by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 04/27/2012)
2012-04-30		MINUTE ORDER granting 19 Motion for Extension of Time to File Response re 15 MOTION for Summary Judgment, 17 Cross MOTION for Summary Judgment. The reply to the motion for summary judgment and opposition to the cross-motion for summary judgment will be due 5/14/2012. The reply to the cross-motion for summary judgment will be due 6/14/2012. Signed by Judge Amy Berman Jackson on 4/30/2012. (MT) (Entered: 04/30/2012)
2012-05-14	20	REPLY to opposition to 15 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Interrante, John) Modified on 5/15/2012 (jf, ). (Entered: 05/14/2012)
2012-05-15		NOTICE OF ERROR re 20 Reply to opposition to Motion; emailed to john.interrante@usdoj.gov, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. Same document under the Opposition event (jf, ) (Entered: 05/15/2012)
2012-05-15	21	Memorandum in opposition to re 17 Cross MOTION for Summary Judgment MOTION for Hearing (same as ECF No. 20) filed by DEPARTMENT OF JUSTICE. (Interrante, John) (Entered: 05/15/2012)
2012-06-13		MINUTE ORDER Defendant is ordered to submit a full Vaughn Index to the Court on or before June 20, 2012. The Cunningham Declaration [Dkt. # 15-2] references an attached Vaughn index, but the index appears to have been omitted from the declaration. The Boseker Declaration [Dkt. # 15-3] contains a proper index. Defendant is directed to provide the Court with the full index of documents withheld from plaintiff's request and the exemptions relied upon for doing so. Signed by Judge Amy Berman Jackson on 6/13/2012. (lcabj2) (Entered: 06/13/2012)
2012-06-13		Set/Reset Deadline: Defendant is ordered to submit a full Vaughn Index to the Court by 6/20/2012. The Cunningham Declaration [Dkt. # 15-2] references an attached Vaughn index, but the index appears to have been omitted from the declaration. The Boseker Declaration [Dkt. # 15-3] contains a proper index. Defendant is directed to provide the Court with the full index of documents withheld from plaintiff's request and the exemptions relied upon for doing so. (jth) (Entered: 06/13/2012)
2012-06-14	22	NOTICE of Filing of Full Vaughn Index by DEPARTMENT OF JUSTICE re Set/Reset Deadlines, (Attachments: # 1 Exhibit Vaughn Index for EOUSA (Boseker Declaration), # 2 Exhibit Vaughn Index for DOJ CRM (Cunningham Declaration))(Interrante, John) (Entered: 06/14/2012)
2012-06-14	23	Consent MOTION for Extension of Time to File Response/Reply reply to cross-motion by CHRISTOPHER SOGHOIAN (Attachments: # 1 Text of Proposed Order)(SOGHOIAN, CHRISTOPHER) (Entered: 06/14/2012)
2012-06-15		MINUTE ORDER granting 23 Consent Motion for Extension of Time to File Reply re 17 Cross Motion for Summary Judgment. The reply will be due 6/22/2012. Signed by Judge Amy Berman Jackson on 6/15/2012. (MT) (Entered: 06/15/2012)
2012-06-22	24	SURREPLY to re 15 MOTION for Summary Judgment to plaintiff's motion for summary judgment filed by CHRISTOPHER SOGHOIAN. (SOGHOIAN, CHRISTOPHER) Modified link on 6/25/2012 (znmw, ). (Entered: 06/22/2012)
2012-06-22	25	REPLY to opposition to motion re 17 Cross MOTION for Summary Judgment MOTION for Hearing filed by CHRISTOPHER SOGHOIAN. (See Docket Entry 24 to view document). (znmw, ) (Entered: 06/25/2012)
2012-07-05		MINUTE ORDER. It is ORDERED that on or before July 13, 2012, defendant deliver to chambers withheld documents 1, 2, and 5-14 on CRM's Vaughn Index, as well as 3 and 4 on EOUSA's Vaughn index for in camera inspection to assist the Court in making a responsible de novo determination, see Ray v. Turner, 587 F.2d 1187, 1195 (D.C. Cir. 1978). Signed by Judge Amy Berman Jackson on 7/5/12. (lcabj1) (Entered: 07/05/2012)
2012-07-06		Set/Reset Deadline: Defendant's In-Camera Submission due by 7/13/2012. (jth) (Entered: 07/06/2012)
2012-07-15	26	NOTICE of Compliance with Court's July 5, 2012 Order by DEPARTMENT OF JUSTICE re Order, (Interrante, John) (Entered: 07/15/2012)
2012-07-31	27	ORDER granting 15 Defendant's Motion for Summary Judgment; denying Plaintiff's 17 Cross-Motion for Summary Judgment; denying 17 Plaintiff's Motion for Hearing as moot. Signed by Judge Amy Berman Jackson on 7/31/2012. (lcabj2) (Entered: 07/31/2012)
2012-07-31	28	MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 7/31/2012. (lcabj2) (Entered: 07/31/2012)
Hide Docket Events