Case Detail

FOIA Project Annotation: In a closely watched case concerning whether the White House could exercise control over visitors' logs used by the Secret Service in performing its protective duties for both the President and Vice President, Judge Royce Lamberth has ruled that the records are agency records used by the Secret Service and not presidential records created and controlled by the White House or the Office of the Vice President. Lamberth observed that "the Secret Service has failed to meet its burden of demonstrating that [the visitors' logs] are not 'agency records' under FOIA. To the contrary, the Court concludes that these visitor records at the White House Complex and Vice-President's Residence are created (or obtained) and controlled by the Secret Service and are therefore 'agency records' under our circuit's case law." The decision comes in a case filed by Citizens for Responsibility and Ethics in Washington for visitors' logs showing whether several prominent evangelical leaders had visited the White House or vice-presidential residence. CREW brought the suit in part to confirm that such records were indeed agency records under FOIA after Judge Ricardo Urbina had ruled in favor of the Washington Post in its litigation for similar visitors' logs. When the government indicated it would appeal the Post's favorable ruling, the newspaper dropped its appeal due to time constraints. CREW then picked up the challenge based on its own FOIA request. The original Post litigation brought to light a controversial memorandum of understanding between the Secret Service and the White House and Office of the Vice President providing that the visitors' records were considered presidential records that were not subject to the control or custody of the Secret Service. Lamberth spent the first part of his decision explaining how the records were used. He found that the Secret Service had either turned over or deleted most visitors' records since January 2001, although it did not start such a practice until at least June 2001. Nevertheless, he also found that the Secret Service used the records both to verify the whereabouts of visitors and, in some cases, to conduct background checks on individuals invited to either location. The essence of the agency's argument was that most of the information contained in the visitors' log records came from White House or OVP personnel and that the agency, thus, was not the main creator of the records. But Lamberth pointed out that "while the Secret Service may be correct that Presidential and Vice-Presidential staff do at time provides much of the 'information' contained in these records, this fact does not, by itself, prove the Secret Service does not create these documents. The FOIA deals with documents, not information. By focusing on the contents of the records, the Secret Service overlooks the process by which the records are generated." He explained that "[Worker and Visitor Entrance System] records, for example, are comprised of information from three sources: the authorized pass holder [in the White House], the Secret Service, and the [Access Control Record System]. The Secret Service emphasizes the role the pass holder plays in the formation of a WAVES record, noting that an email from the pass holder to the Secret Service is typically the triggering event that leads to the creation of the record. Maybe so. But a WAVES record does not exist until the Secret Service uses the supplied information to perform a background check on the individual, adds security-related notations as necessary, and sends the completed filed to the [White House Access Control System] server, where it is stored. The record is updated via the ACR system after the visitor's arrival. That the White House pass holder may supply some, or even most, of the record's content does not change the fact that the record is created by the Secret Service." Rejecting the agency's creation theory, Lamberth observed that "by arguing it does not create a WAVES record because 'the bulk' of 'information' comes from an authorized pass holder, the Secret Service invites the Court to elevate the contents of the record ahead of its creation. Doing so, however, would place the Court in the awkward position of having to review the actual contents of each record (or more precisely, the origin of the record's contents) to identify its creator, which would effectively place the information source above the record's creator. This would insulate records that contain information supplied, perhaps even gleaned, from an external, non-agency source, even if the information represents only a part of the record, as it does here. It might also require the Court to classify a single record as part-agency and part-presidential record." Lamberth distinguished the holding of United We Stand America v. IRS, 359 F.3d 595 (D.C. Cir. 2004), in which the D.C. Circuit found that a congressional committee had expressed an intent to control some of the information it requested from the IRS, from these facts, noting that "no such confidentiality directive exists in this case. Indeed, the visitor information is transferred to the Secret Service, haphazardly at times, in many forms, including electronically and over the telephone, by many different individuals. Nowhere, however, has a member of the President's or Vice-President's staff manifested â€" contemporaneously with the request, as in United We Stand America â€" an intent to control the record. . .[U]nlike in United We Stand America, where the records were created for the congressional committee, the visitor records are created primarily for the agency's use." Next, Lamberth examined the issue of control using the four-part test enunciated by the D.C. Circuit in Burka v. Dept. of Health and Human Services, 87 F.3d 508 (D.C. Cir. 1996). Under the test in Burka, an agency's control of a record is based on (1) the intent of the document's creator to retain or relinquish control over the record, (2) the ability of the agency to use and dispose of the record as it sees fit, (3) the extent to which agency personnel has read or relied on the record, and (4) the degree to which the document was integrated into agency files. Lamberth found that, generally, the Secret Service's intent was to relinquish control of the records and noted that "the Secret Service's past practices do not, in short, demonstrate clear intent to relinquish control over all the records, notably the ACR records. Its retention practices have been too impermanent for that. Nonetheless, the Secret Service's stated intent is clear: it does not intend to retain control over these records once the visitor has left the White House Complex or the Vice-President's Residence." Indicating that the Secret Service was free to use and dispose of the records, he pointed out that "in each instance, the Secret Service is using the record to assist in protecting [the President or] Vice-President. The Secret Service has failed, in other words, to offer any explanation as to how its ability to use these documents is limited, and the Court can see none. Rather, the Secret Service uses these documents exactly as would be expected: to fulfill its statutorily mandated responsibility to protect the President and the Vice-President." As to disposal, Lamberth observed that "the most that can be said is the Secret Service acts as if the White House has legal control over these records." But he noted that the agency frequently disposed of the records on its own initiative and, pointing out that under D.C. Circuit precedent an agency's records disposal policy should not be given too much weight in determining whether a record was an agency record, he observed that "this cautionary instruction seems especially apt here, given the changing nature of the agency's retention practices." The agency argued that, while it read and relied on the records, its use of the records was usually only temporary. Lamberth explained, however, that "the limited use of the records is. . .inherent in the limited purpose for which they were created, but this does not mean the Secret Service does not read or rely on them." He also rejected the agency's claim that the records were not integrated into agency files because they were normally not retained longer than 30-60 days. He pointed out that "the length of time a record is saved skirts the salient issue of whether it was integrated into the agency's record system in the first place. The Secret Service does not, for example, attempt to explain where the record is stored on its computer system for this 30-60 day period." He added that "the problem, as the Court sees it, is that the Secret Service offers no explanation for why some electronic documents are integrated and others are not. Or how the Court should differentiate the two. Taken to its logical extreme, the Secret Service seems to be saying that no electronic document is ever fully integrated in an agency's system, at least not as long as the agency deletes the file within 60 days. This again, however, fails to provide the Court with a clear understanding of how to differentiate an integrated file from a non-integrated electronic file." Balancing the four factors, Lamberth ruled that "use trumps intent. Both the Supreme Court and the Court of Appeals have explained that an agency's actual use of a document is often more probative than the agency's subjective intent. Because the Secret Service creates, uses and relies on, and stores the visitor records, 'in the legitimate conduct of its official duties,' they are under its control." Lamberth then dismissed the agency's secondary argument that disclosure of the visitors' logs would raise constitutional questions because the records might be protected by executive privilege. But Lamberth, relying on an agency affidavit indicating that who visited the White House did not necessarily reflect on issues being discussed, observed that "knowledge of these visitors would not disclose presidential communications or shine a light on the President's or Vice-President's policy deliberations." He told the agency that if it thought the records were privileged it was free to claim Exemption 5 (privileges) after processing the request
Issues: Agency Record - Constructive possession

FOIA Project Annotation: Judge Royce Lamberth has ruled that visitors' log records from the White House and the Vice President's Residence are not categorically protected by Exemption 5 ( presidential communications privilege). After once again rejecting Secret Service claims that visitors' log records were presidential records and not agency records, Lamberth proceeded to dismiss the agency's broad presidential communications claim as well. The leading case on the scope of the presidential communications privilege is In re Sealed Case, 121 F.3d 1108 (D.C. Cir. 1997), and the agency argued it stood for the proposition that all records provided to the president or his advisors were privileged. But Lamberth disagreed, noting that the privilege "extends only to communications. The visit records sought by plaintiff need only consist of the visitor's name, date and time of visit, and in some cases the name of the person requesting access for the visitor and in some cases the name of the person visited. Such information sheds no light on the content of communications between the visitor and the President or his advisors, whether the communications related to presidential deliberation or decisionmaking, or whether any substantive communication even occurred." Lamberth then observed that "while the Court does not rule out the possibility that there may exist some hypothetical situation wherein the factual circumstances surrounding such a visit might reveal the substance of presidential deliberations, such a scenario is certainly not presented by the facts in this action. In the Court's view, it would take near-omniscience for an observer to tease any accurate meaning out of the visits for which plaintiff seeks records." Lamberth also concluded that the Archivist had violated the Federal Records Act by failing to ask the Attorney General to initiate an action against the White House requiring preservation of the records. He agreed with the plaintiff, CREW, that Armstrong v. Bush, 924 F.2d 282 (D.C. Cir. 1991), specifically recognized a private right of action to force the Archivist to take action and that CREW had been injured by the Secret Service's memo of understanding with the White House and the Vice President's Residence transferring visitors' records from the agency to the presidential and vice-presidential offices where they were no longer accessible under FOIA. Lamberth ordered the Archivist to ask the Attorney General to take action to recover agency records improperly transferred under the memo of understanding. However, after the Archivist learned of the memo's existence in 2004, the agency stopped transferring the records at the Archivist's request and Lamberth indicated this provided sufficient relief to CREW and did not require further involvement of the Attorney General. The transfer practice at the Vice President's Residence did not halt until 2006, but Lamberth found that CREW had not shown that the Archivist was aware of the practice. Because under the FRA the Archivist's duty to inform the Attorney General comes into play only after he learns of a violation, Lamberth pointed out that "by failing to demonstrate the Archivist's awareness of [the Secret Service's] pre-June 2006 retention practices for VPR visit records, plaintiff falls short of showing that the Archivist had a mandatory duty under the FRA. . ."
Issues: Exemption 5 - Privileges, Agency Record

Date Filed	Doc #	Docket Text
2006-11-09	1	COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN ( Filing fee $ 350 receipt number 4616000187.)filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Civil Cover Sheet)(jf, ) (Entered: 11/13/2006)
2006-11-09		SUMMONS (4) Issued as to U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 11/13/2006)
2006-11-09	2	NOTICE OF RELATED CASE by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. Case related to Case No. 06-883 & 06-1737. (jf, ) (Entered: 11/13/2006)
2006-11-09	3	LCvR 7.1 - CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (jf, ) (Entered: 11/13/2006)
2006-12-01	4	MOTION for Extension of Time to Answer or Otherwise Respond (Partial) by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN. (Attachments: # 1 Text of Proposed Order)(Simpson, W.) (Entered: 12/01/2006)
2006-12-01		MINUTE ORDER granting 4 Motion for Extension of Time to file an answer as to all claim, now due January 12, 2007. Signed by Judge Ricardo M. Urbina on 12/1/06. (djr) (Entered: 12/01/2006)
2006-12-01		Set Deadlines/Hearings: Answer due by 1/12/2007. (jwd) (Entered: 12/01/2006)
2007-01-08	5	MOTION for Extension of Time to Respond to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN. (Attachments: # 1 Text of Proposed Order)(Simpson, W.) (Entered: 01/08/2007)
2007-01-08	6	ENTERED IN ERROR.....Memorandum in opposition to re 5 MOTION for Extension of Time to Respond to Complaint filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) Modified on 1/8/2007 (lc, ). (Entered: 01/08/2007)
2007-01-08		NOTICE OF CORRECTED DOCKET ENTRY: re 6 Memorandum in Opposition, was entered in error at the request of counsel and will be refiled. (lc, ) (Entered: 01/08/2007)
2007-01-08	7	Memorandum in opposition to re 5 MOTION for Extension of Time to Respond to Complaint filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) (Entered: 01/08/2007)
2007-01-10	8	REPLY to opposition to motion re 5 MOTION for Extension of Time to Respond to Complaint filed by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN. (Simpson, W.) (Entered: 01/10/2007)
2007-01-11		Case Reassigned to Judge Reggie B. Walton. Judge Ricardo M. Urbina no longer assigned to the case. (jf, ) (Entered: 01/12/2007)
2007-01-12	9	ANSWER to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN. Related document: 1 Complaint, filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON,.(Simpson, W.) (Entered: 01/12/2007)
2007-01-25	10	MOTION Request for Rule 26(f) Conference by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit Declaration of Anne L. Weismann# 2 Text of Proposed Order)(Weismann, Anne) (Entered: 01/25/2007)
2007-01-31		MINUTE ORDER denying 5 Motion for Extension of Time to File a Response to the Complaint as moot. Signed by Judge Reggie B. Walton on January 31, 2007. (MDW, ) (Entered: 01/31/2007)
2007-02-08	11	Memorandum in opposition to re 10 MOTION Request for Rule 26(f) Conference filed by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN. (Simpson, W.) (Entered: 02/08/2007)
2007-02-15	12	MOTION for Temporary Restraining Order by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit Plaintiff's Memorandum in Support of Motion for TRO# 2 Exhibit Exhibits # 1-6 to Mem. in Support of Motion for TRO# 3 Exhibit Exhibits #7-10 to Mem. in Support of Motion for TRO# 4 Exhibit Certificate of Counsel# 5 Text of Proposed Order)(Weismann, Anne) (Entered: 02/15/2007)
2007-02-15	13	ERRATA Corrected Exhibit #3 to Memorandum in Support of Motion for TRO by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON 12 MOTION for Temporary Restraining Order filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON,. (Weismann, Anne) (Entered: 02/15/2007)
2007-02-15	14	Memorandum in opposition to re 12 MOTION for Temporary Restraining Order filed by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN. (Attachments: # 1 Exhibit Letter of W. Scott Simpson to Anne L. Weismann)(Simpson, W.) (Entered: 02/15/2007)
2007-02-15		Case Reassigned to Judge John Garrett Penn. Judge Reggie B. Walton no longer assigned to the case. (td, ) (Entered: 02/16/2007)
2007-02-16	15	REPLY to opposition to motion re 12 MOTION for Temporary Restraining Order filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit)(Weismann, Anne) (Entered: 02/16/2007)
2007-02-16		Minute Entry for proceedings held before Judge John Garrett Penn : Motion Hearing held on 2/16/2007 re 12 MOTION for Temporary Restraining Order filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON; heard and HELD IN ABEYANCE. Declarations by defendant due by 2/22/2007. Response to Declaration by plaintiff due by 2/26/2007 (Court Reporter Cathryn Jones.) (adc, ) (Entered: 02/16/2007)
2007-02-16	16	ORDER holding in abeyance Plaintiff's Motion For A Temporary Restraining Order 12 . See Order for details. Signed by Judge John Garrett Penn on February 16, 2007. (lcjgp1) (Entered: 02/16/2007)
2007-02-21	19	TRANSCRIPT of Proceedings held on February 16, 2006 Motions Hearing before Judge John G. Penn. Court Reporter: Cathryn J. Jones. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m, Monday through Friday. (tg, ) (Entered: 02/23/2007)
2007-02-22	17	NOTICE of Filing by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN (Attachments: # 1 Declaration of Paul S. Morrissey)(Simpson, W.) (Entered: 02/22/2007)
2007-02-23	18	ERRATA Corrected Exhibit #2 to Memorandum in Support of Motion for TRO by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON 12 MOTION for Temporary Restraining Order filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON,. (Weismann, Anne) (Entered: 02/23/2007)
2007-02-23		ENTERED IN ERROR: Set/Reset Deadlines: Defendant's declarations due 2/22/07; plaintiff's response to declaration due 2/26/07; defendant's response to motion for temporary restraining order due by 3/12/2007. Plaintiff's reply due by 3/12/2007. (adc) Modified on 3/5/2007 (adc, ). (Entered: 02/23/2007)
2007-02-26	20	RESPONSE re 17 Notice (Other) of filing of Declaration of Mr. Morrissey filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit to Plaintiff's Response to Morrissey Declaration)(Weismann, Anne) (Entered: 02/26/2007)
2007-03-05		Set Deadlines/Hearings: Defendant's declarations due 2/22/07; plaintiff's response to declaration due 2/26/07; defendant's response to motion for temporary restraining order due 3/5/07; plaintiff's reply due 3/12/07. (adc) (Entered: 03/05/2007)
2007-03-05		NOTICE OF CORRECTED DOCKET ENTRY: Set/Reset Deadline entered 2/23/07 entered in error due incorrect deadline set for defendant's response to motion for temporary restraining order. A corrected Set/Reset Deadline entered on 3/5/07. (adc) (Entered: 03/05/2007)
2007-03-05	21	Memorandum in opposition to re 12 MOTION for Temporary Restraining Order filed by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN. (Attachments: # 1 Second Declaration of Paul S. Morrissey)(Simpson, W.) (Entered: 03/05/2007)
2007-03-12	22	REPLY to opposition to 12 motion for a Temporary Restraining Order filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Weismann, Anne) Modified on 3/13/2007 (tg, ). (Entered: 03/12/2007)
2007-03-14	23	ORDER denying Plaintiff's Motion For A Temporary Restraining Order 12 . See Order for details. Signed by Judge John Garrett Penn on March 14, 2007. (lcjgp1). (Entered: 03/14/2007)
2007-05-09	24	Emergency MOTION for Protective Order and to Quash Deposition Subpoena by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN (Attachments: # 1 Deposition Notice and Subpoena# 2 Text of Proposed Order)(Simpson, W.) (Entered: 05/09/2007)
2007-05-09	25	MOTION to Quash Deposition Supoena by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN (To view document, please see docket entry 24 ). (nmw, ) (Entered: 05/10/2007)
2007-05-16	26	Memorandum in opposition to re 24 Emergency MOTION for Protective Order and to 25 Quash Deposition Subpoena filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) Modified on 5/17/2007 (tg, ). (Entered: 05/16/2007)
2007-05-17	27	REPLY to opposition to motion re 24 Emergency MOTION for Protective Order and to Quash Deposition Subpoena , 25 MOTION to Quash filed by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN. (Simpson, W.) (Entered: 05/17/2007)
2007-05-18	28	ORDER granting 24 Defendants' Emergency Motion For Protective Order And To Quash Deposition Subpoena. See Order for details. Signed by Judge John Garrett Penn on May 18, 2007. (lcjgp1) (Entered: 05/18/2007)
2007-05-21		Set/Reset Deadlines: Summary Judgment motions due by 5/25/2007. Response to Motion for Summary Judgment, if any, due by 6/25/2007. Reply to Motion for Summary Judgment, if any, due by 7/16/2007. (adc) (Entered: 05/21/2007)
2007-05-25	29	MOTION for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN (Attachments: # 1 Third Declaration of Paul S. Morrissey# 2 Declaration of Philip C. Droege# 3 Declaration of Claire M. O'Donnell# 4 Declaration of Kathy J. Lyerly# 5 Text of Proposed Order)(Simpson, W.) (Entered: 05/25/2007)
2007-05-25	30	NOTICE of Lodging of Classified Declaration in Support of Defendants' Motion for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN (Simpson, W.) (Entered: 05/25/2007)
2007-05-31	31	MOTION to Modify Briefing Schedule by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN (Attachments: # 1 Email string Simpson-Weismann# 2 Text of Proposed Order)(Simpson, W.) (Entered: 05/31/2007)
2007-05-31	32	Memorandum in opposition to re 31 MOTION to Modify Briefing Schedule filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) (Entered: 05/31/2007)
2007-06-15	33	ORDER granting in part 31 Defendants' Motion to Modify Briefing Schedule. See Order for details. Signed by Judge John Garrett Penn on June 15, 2007. (lcjgp1) (Entered: 06/15/2007)
2007-06-15		Set/Reset Deadlines: Plaintiff's opposition to defendant's motion for summary judgment, if any, due by 7/11/2007. Defendant's replies in support of motion, if any, due by 8/1/2007. (cp, ) (Entered: 06/15/2007)
2007-06-22	34	NOTICE of Filing by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN (Attachments: # 1 Fourth Declaration of Paul S. Morrissey)(Simpson, W.) (Entered: 06/22/2007)
2007-07-11	35	Memorandum in opposition to re 29 MOTION for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit Exhibits 1, 2, 3# 2 Exhibit Exhibit 4# 3 Exhibit Exhibits 5, 6# 4 Statement of Facts Response to Defendants' Statement of Material Facts# 5 Text of Proposed Order)(Weismann, Anne) (Entered: 07/11/2007)
2007-07-13	36	MOTION for Leave to File Amicus Curiae Brief by JUDICIAL WATCH, INC. (Attachments: # 1 Errata Amicus Brief# 2 Text of Proposed Order)(nmw, ) (Entered: 07/16/2007)
2007-07-18	37	MOTION for Leave to File Memorandum as Amicus Curiae by NATIONAL SECURITY ARCHIVE (Attachments: # 1 Amicus Brief)(nmw, ) Additional attachment(s) added on 7/23/2007 (nmw, ). (Entered: 07/19/2007)
2007-08-01	38	REPLY to opposition to motion re 29 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN. (Attachments: # 1 Judicial Watch v. Secret Service, Pls' Mo. to Compel, Ex. 3)(Simpson, W.) (Entered: 08/01/2007)
2007-08-13		MINUTE ORDER: The Court is in the process of reviewing a number of cases which have been pending, in some instances, for a considerable period of time. In order to assist the Court with this review, please advise by notice of ECF filing or by letter addressed to Chief Judge Thomas F. Hogans chambers at Room 4012, United States Courthouse, 333 Constitution Ave. N. W., Washington D.C. 20001, no later than September 5, 2007, whether this case has been resolved, become moot, is on appeal, or for any other reason should be closed. If the case should remain in active status, please provide a brief summary of the status of the case, including a listing of any pending motions and indicate as to each motion whether it has become moot or whether it is ripe and requires action by the court. You should include any other information regarding the case that will assist the Court in addressing the outstanding issues. If possible, the parties should submit a joint status report on ECF. If the plaintiff does not respond to this notice on or before September 5, 2007, or indicates that he or she is no longer interested in pursuing the case, the matter may be dismissed by the Court without prejudice. (Signed Chief Judge Hogan on 8/13/07) (Entered: 08/14/2007)
2007-08-14		Set/Reset Deadlines: Status Report due by 9/5/2007. (adc) (Entered: 08/14/2007)
2007-09-05	39	STATUS REPORT by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN. (Simpson, W.) (Entered: 09/05/2007)
2007-09-28		Case Reassigned to Judge Unassigned. Judge John Garrett Penn no longer assigned to the case. (jeb, ) (Entered: 10/05/2007)
2007-10-25	40	Case Reassigned to Judge Royce C. Lamberth. Judge Penn no longer assigned to the case. (gt, ) (Entered: 10/25/2007)
2007-11-07	41	ORDER granting 36 and 37 Motions for Leave to File Amicus Curiae Briefs. Signed by Judge Royce C. Lamberth on 11/07/2007. (lcrcl2, ) (Entered: 11/07/2007)
2007-11-07	42	AMICUS BRIEF by JUDICIAL WATCH, INC. (tg, ) Modified to correct filing date on 11/8/2007 (tg, ). (Entered: 11/08/2007)
2007-11-07	43	AMICUS BRIEF by NATIONAL SECURITY ARCHIVE. (tg, ) (Entered: 11/08/2007)
2007-12-17	44	MEMORANDUM AND OPINION. Signed by Judge Royce C. Lamberth on 12/17/2007. (lcrcl2, ) (Entered: 12/17/2007)
2007-12-17	45	VACATED PURSUANT TO ORDER DATED 10/20/2009.....ORDER granting in part and denying in part 29 Motion for Summary Judgment. Signed by Judge Royce C. Lamberth on 12/17/2007. (lcrcl2, ) Modified on 10/21/2009 (rje, ). (Entered: 12/17/2007)
2007-12-19	46	NOTICE OF APPEAL as to 44 Memorandum & Opinion, 45 Order on Motion for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN. Fee Status: No Fee Paid. Parties have been notified. (Simpson, W.) (Entered: 12/19/2007)
2007-12-19	47	MOTION to Stay Pending Appeal by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN (Attachments: # 1 Text of Proposed Order)(Simpson, W.) (Entered: 12/19/2007)
2007-12-20		Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 46 Notice of Appeal (tg, ) (Entered: 12/20/2007)
2007-12-21	48	Consent MOTION to Stay Pending Appeal by U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 proposed order)(Tyler, John) (Entered: 12/21/2007)
2007-12-21	49	VACATED PURSUANT TO ORDER No. # 58......ORDER granting 48 Motion to Stay Pending Appeal. Signed by Judge Royce C. Lamberth on 12/21/2007. (lcrcl2, ) Modified on 9/30/2008 (zrje, ). (Entered: 12/21/2007)
2007-12-27		USCA Case Number 07-5406 for 46 Notice of Appeal filed by ALLEN WEINSTEIN, U.S. DEPARTMENT OF HOMELAND SECURITY. (tg, ) (Entered: 12/28/2007)
2008-01-09		Minute ORDER denying as moot 10 Plaintiffs Request for Rule 26(f) Conference. Signed by Judge Royce C. Lamberth on 01/09/2008. (lcrcl2, ) (Entered: 01/09/2008)
2008-01-24	50	NOTICE of Filing by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN (Attachments: # 1 Fifth Declaration of Paul S. Morrissey, # 2 Exhibit A)(Simpson, W.) (Entered: 01/24/2008)
2008-01-28	51	MOTION for Summary Judgment on Claims Three and Four by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Memorandum of Points and Authorities, # 2 Exhibit 1 and 2, # 3 Statement of Facts, # 4 Text of Proposed Order)(Weismann, Anne) (Entered: 01/28/2008)
2008-02-08	52	MOTION to Stay re 51 MOTION for Summary Judgment on Claims Three and Four or, Alternatively , MOTION for Extension of Time to File Response/Reply as to 51 MOTION for Summary Judgment on Claims Three and Four by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN (Attachments: # 1 Text of Proposed Order)(Simpson, W.) (Entered: 02/08/2008)
2008-02-11	53	Memorandum in opposition to re 52 MOTION to Stay re 51 MOTION for Summary Judgment on Claims Three and Four or, Alternatively MOTION to Stay re 51 MOTION for Summary Judgment on Claims Three and Four or, Alternatively MOTION for Extension of Time to File Response/Reply as to 51 MOTION for Summary Judgment on Claims Three and Four MOTION for Extension of Time to File Response/Reply as to 51 MOTION for Summary Judgment on Claims Three and Four filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) (Entered: 02/11/2008)
2008-02-14	54	REPLY to opposition to motion re 52 MOTION to Stay re 51 MOTION for Summary Judgment on Claims Three and Four or, Alternatively MOTION to Stay re 51 MOTION for Summary Judgment on Claims Three and Four or, Alternatively MOTION for Extension of Time to File Response/Reply as to 51 MOTION for Summary Judgment on Claims Three and Four MOTION for Extension of Time to File Response/Reply as to 51 MOTION for Summary Judgment on Claims Three and Four filed by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN. (Simpson, W.) (Entered: 02/14/2008)
2008-09-09	55	MANDATE of USCA (certified copy) as to 46 Notice of Appeal filed by ALLEN WEINSTEIN, U.S. DEPARTMENT OF HOMELAND SECURITY, it is ORDERED and ADJUDGED that this case be dismissed for lack of jurisdiction, in accordance with the opinion of the court filed herein this date. (USCA No. 07-5406) (Attachments: # 1 USCA Opinion dated 7/11/2008)(kb, ) (Entered: 09/10/2008)
2008-09-25	56	NOTICE of Filing by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN (Attachments: # 1 Secret Service response)(Simpson, W.) (Entered: 09/25/2008)
2008-09-25	57	NOTICE of Filing (Amended) by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN (Attachments: # 1 Secret Service response)(Simpson, W.) (Entered: 09/25/2008)
2008-09-30	58	ORDER vacating Dec. 21, 2007 stay. Signed by Chief Judge Royce C. Lamberth on 9/30/08. (lcrcl2, ) (Entered: 09/30/2008)
2008-09-30	59	ORDER denying as moot 52 Motion to Stay. Signed by Chief Judge Royce C. Lamberth on 9/30/08. (lcrcl2, ) (Entered: 09/30/2008)
2008-09-30	60	ORDER denying as moot 10 Motion for Rule 26(f) Conference. Signed by Chief Judge Royce C. Lamberth on 9/30/08. (lcrcl2, ) (Entered: 09/30/2008)
2008-10-17	61	MOTION for Default Judgment as to Claims One and Two by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) (Entered: 10/17/2008)
2008-10-17	62	Memorandum in opposition to re 51 MOTION for Summary Judgment on Claims Three and Four and Response to "Plaintiff's Statement of Material Facts as to Which There Is No Genuine Issue" filed by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN. (Simpson, W.) (Entered: 10/17/2008)
2008-10-21	63	REPLY to opposition to motion re 51 MOTION for Summary Judgment on Claims Three and Four filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Weismann, Anne) (Entered: 10/21/2008)
2008-10-30	64	MOTION for Summary Judgment on Claims One and Two (with Statement of Material Facts) by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN (Attachments: # 1 Second Declaration of Philip C. Droege, # 2 Text of Proposed Order)(Simpson, W.) (Entered: 10/30/2008)
2008-10-31	65	Memorandum in opposition to re 61 MOTION for Default Judgment as to Claims One and Two filed by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN. (Attachments: # 1 Text of Proposed Order)(Simpson, W.) (Entered: 10/31/2008)
2008-11-03	66	REPLY to opposition to motion re 61 MOTION for Default Judgment as to Claims One and Two filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Weismann, Anne) (Entered: 11/03/2008)
2008-11-06	67	Memorandum in opposition to re 64 MOTION for Summary Judgment on Claims One and Two (with Statement of Material Facts) MOTION for Summary Judgment on Claims One and Two (with Statement of Material Facts) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit A - D, # 2 Statement of Facts, # 3 Text of Proposed Order)(Weismann, Anne) (Entered: 11/06/2008)
2008-11-06	68	Cross MOTION for Partial Summary Judgment on Claims One and Two by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - D, # 3 Statement of Facts, # 4 Text of Proposed Order)(Weismann, Anne) (Entered: 11/06/2008)
2008-11-06	69	ORDER denying 61 Motion for Default Judgment. Signed by Chief Judge Royce C. Lamberth on 11/5/08. (lcrcl2, ) (Entered: 11/06/2008)
2008-11-17	70	REPLY to opposition to motion re 64 MOTION for Summary Judgment on Claims One and Two (with Statement of Material Facts) MOTION for Summary Judgment on Claims One and Two (with Statement of Material Facts) filed by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN. (Simpson, W.) (Entered: 11/17/2008)
2008-11-17	71	Memorandum in opposition to re 68 Cross MOTION for Partial Summary Judgment on Claims One and Two (with Response to Plaintiff's Statement of Material Facts) filed by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN. (Simpson, W.) (Entered: 11/17/2008)
2008-11-24	72	REPLY to opposition to motion re 68 Cross MOTION for Partial Summary Judgment on Claims One and Two filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Weismann, Anne) (Entered: 11/24/2008)
2008-11-24	73	NOTICE of Filing by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN (Attachments: # 1 Declaration of Robert P. Caldwell)(Simpson, W.) (Entered: 11/24/2008)
2009-01-08	74	Emergency MOTION Motion for Conference Regarding Retention of Documents by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Weismann, Anne) (Entered: 01/08/2009)
2009-01-09	75	MEMORANDUM OPINION. Signed by Chief Judge Royce C. Lamberth on 1/9/09. (lcrcl2, ) (Entered: 01/09/2009)
2009-01-09	76	VACATED PURSUANT TO ORDER DATE 10/20/2009.....ORDER granting in part and denying in part 51 Motion for Summary Judgment; denying 64 Motion for Summary Judgment; granting 68 Motion for Partial Summary Judgment. Signed by Chief Judge Royce C. Lamberth on 1/9/09. (lcrcl2, ) Modified on 10/21/2009 (rje). (Entered: 01/09/2009)
2009-01-09	77	Memorandum in opposition to re 74 Emergency MOTION Motion for Conference Regarding Retention of Documents filed by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN. (Attachments: # 1 Proposed Stipulation and Order)(Simpson, W.) (Entered: 01/09/2009)
2009-01-12	78	REPLY to opposition to motion re 74 Emergency MOTION Motion for Conference Regarding Retention of Documents filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Weismann, Anne) (Entered: 01/12/2009)
2009-01-14	79	ORDER granting 74 Motion for a conference. Signed by Chief Judge Royce C. Lamberth on 1/14/09. (lcrcl2, ) (Entered: 01/14/2009)
2009-01-14	80	NOTICE OF APPEAL as to 44 Memorandum & Opinion, 75 Memorandum & Opinion, 45 Order on Motion for Summary Judgment, 76 Order on Motion for Summary Judgment,, Order on Motion for Partial Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN. Fee Status: No Fee Paid. Parties have been notified. (Simpson, W.) (Entered: 01/14/2009)
2009-01-14	81	Second MOTION to Stay Pending Appeal by U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Simpson, W.) (Entered: 01/14/2009)
2009-01-15		Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 80 Notice of Appeal, (tg, ) (Entered: 01/15/2009)
2009-01-15	82	ORDER granting 81 Motion to Stay. Signed by Chief Judge Royce C. Lamberth on 1/15/09. (lcrcl2, ) (Entered: 01/15/2009)
2009-01-15		Minute Entry for proceedings held before Chief Judge Royce C. Lamberth: Motion Hearing held on 1/15/2009. Order forthcoming. (Court Reporter Wendy Ricard.) (rje) (Entered: 01/16/2009)
2009-01-23		USCA Case Number 09-5014 for 80 Notice of Appeal, filed by ALLEN WEINSTEIN, U.S. DEPARTMENT OF HOMELAND SECURITY. (tg, ) (Entered: 02/06/2009)
2009-07-17	83	ORDER of USCA as to (22 in 1:08-cv-01535-RCL) Notice of Appeal filed by U.S. DEPARTMENT OF HOMELAND SECURITY, (80 in 1:06-cv-01912-RCL) Notice of Appeal, filed by ALLEN WEINSTEIN, U.S. DEPARTMENT OF HOMELAND SECURITY ; DISCHARGING the order to show cause; FURTHER ORDERED that the question of the court's jurisdiction be referred to the merits panel to which these consolidated cases are assigned. Appellants are directed to address in their briefs rather than incorporate by reference the arugments already submitted to the court. USCA Case Number 09-5014; Consolidated with 09-5015. (tr) (Entered: 07/21/2009)
2009-09-09	84	Joint MOTION to Dismiss and Vacate by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, U.S. DEPARTMENT OF HOMELAND SECURITY, ALLEN WEINSTEIN (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) (Entered: 09/09/2009)
2009-10-20	85	ORDER granting 84 Joint Motion to Dismiss With Prejudice. Signed by Chief Judge Royce C. Lamberth on 10/20/2009. (lcrcl4, ) (Entered: 10/20/2009)
2009-11-13	86	ORDER of USCA as to 80 Notice of Appeal, filed by ALLEN WEINSTEIN, U.S. DEPARTMENT OF HOMELAND SECURITY ; USCA Case Number 06-1912. Upon consideration of appellants motion to dismiss the appeals, it is ORDERED that the motion be granted, and these cases are hereby dismissed. The Clerk is directed to transmit forthwith to the United States District Court for the District of Columbia a certified copy of this order in lieu of formal mandate. (kb) (Entered: 11/16/2009)
2010-05-12	87	TRANSCRIPT OF PROCEEDINGS before Chief Judge Royce C. Lamberth held on January 15, 2009; Page Numbers: 1-12. Court Reporter/Transcriber Wendy Ricard, Telephone number 202-354-3111, Court Reporter Email Address : Wacricard@aol.com.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 6/2/2010. Redacted Transcript Deadline set for 6/14/2010. Release of Transcript Restriction set for 8/10/2010.(Ricard, Wendy) (Entered: 05/12/2010)
2010-07-09	88	TRANSCRIPT OF PROCEEDINGS before Chief Judge Royce C. Lamberth held on January 15, 2009; Page Numbers: 1-12. Court Reporter/Transcriber Wendy Ricard, Telephone number 202-354-3111, Court Reporter Email Address : Wacricard@aol.com.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 7/30/2010. Redacted Transcript Deadline set for 8/9/2010. Release of Transcript Restriction set for 10/7/2010.(Ricard, Wendy) (Entered: 07/09/2010)
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