Case Detail

FOIA Project Annotation: Judge Richard Roberts has ruled that the FBI failed to adequately search its files for records concerning alleged preferential treatment shown to members of the Saudi royal family in the United States, including members of the bin Laden family, shortly after Sept. 11. Judicial Watch requested the information in October 2003 after a story appeared in Vanity Fair. The FBI withheld substantial portions of the 200 responsive pages it located. In court, the FBI provided a key code description of its exemption claims. Faulting the lack of clarity in the agency's affidavit, Roberts indicated that "the FBI's disclosures do not describe the nature of the documents or discrete redactions. For the 85 pages that are wholly redacted without any description of their content, the absence of a description deprives the court, not to mention the plaintiff, of any basis for evaluating whether the withheld material properly falls within the claimed exemptions." Further complaining about the paucity of detail in the affidavit, Roberts noted that "in some instances, the annotated production discloses contextual information describing the information redacted. . .However, contextual clues are not uniformly available or telling. In any case, guesswork is not a proper foundation for a de novo review." He added that "in [some instances], because the FBI has not provided a description of the nature of the specific redacted information from that page, there is no basis on which to make a meaningful determination of whether the FBI's asserted exemption is proper." Roberts also chided the agency for claiming that no information could be segregated and disclosed, pointing out that "on its face, the FBI's implied assertion that absolutely nothing in a lengthy document that purports to discuss point-by-point an article published in the popular press can be reasonably segregated and disclosed strains credulity." He also indicated that there were clerical errors in the affidavits and concluded that "these errors and others, discovered not as a result of a systematic search for errors but in the course of attempting a de novo review, raise concerns about additional errors that may exist but are not detectable because of the limited information disclosed."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2004-09-24	1	COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Filing fee $ 150) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(jf, ) (Entered: 09/28/2004)
2004-09-24		Summons (2) Issued as to FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (jf, ) (Entered: 09/28/2004)
2004-09-28	2	LCvR 7.1 - CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by Judicial Watch, Inc. (nmw, ) (Entered: 09/28/2004)
2004-09-28		SUMMONS (2) Issued as to, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 09/28/2004)
2004-10-22	3	ATTORNEY APPEARANCE. (Peralta, Marianela) (Entered: 10/22/2004)
2004-10-27	4	ATTORNEY APPEARANCE. (Peralta, Marianela) (Entered: 10/27/2004)
2004-11-01	5	ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Kahn, Jeffrey) (Entered: 11/01/2004)
2004-11-18	6	ORDER setting initial scheduling conference for 12/10/04 at 9:15 a.m. Signed by Judge Richard W. Roberts on 11/18/04. (AKG) (Entered: 11/18/2004)
2004-11-19		Set/Reset Hearings: Scheduling Conference set for 12/10/2004 09:15 AM in Courtroom 9 before Judge Richard W. Roberts. (lin, ) (Entered: 11/19/2004)
2004-12-03	7	STATUS REPORT /JOINT SCHEDULING REPORT by FEDERAL BUREAU OF INVESTIGATION, JUDICIAL WATCH, INC., UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Orfanedes, Paul) (Entered: 12/03/2004)
2004-12-09	8	Unopposed MOTION for Leave to Appear Pro Hac Vice by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Orfanedes, Paul) (Entered: 12/09/2004)
2004-12-10		Minute Entry for proceedings held before Judge Richard W. Roberts : Status Conference held on 12/10/2004. Dispositive Motions due by 4/1/2005. (Court Reporter Jon Hundley.) (lin, ) (Entered: 12/10/2004)
2004-12-13	9	SCHEDULING ORDER: Vaughn Index due by 3/1/2005. Dispositive Motions due by 4/1/2005. See Order for details. Signed by Judge Richard W. Roberts on 12/10/04. (AKG) (Entered: 12/13/2004)
2005-02-28	10	NOTICE of Consent to Extension of Time to Produce Vaughn Indexes by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, FEDERAL BUREAU OF INVESTIGATION re 9 Scheduling Order (Kahn, Jeffrey) (Entered: 02/28/2005)
2005-03-16	11	NOTICE of Voluntary Dismissal re United States Department of Homeland Security Joint Stipulation of the Parties to Dismissal & Limitation of Remaining Issues (Attachments: # 1 Text of Proposed Order)(Kahn, Jeffrey) (Entered: 03/16/2005)
2005-03-29	12	NOTICE of Consent to Extension of Time to File Dispositive Motion by FEDERAL BUREAU OF INVESTIGATION re 9 Scheduling Order (Kahn, Jeffrey) (Entered: 03/29/2005)
2005-04-11	13	MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Memorandum of Law# 2 Text of Proposed Order # 3 Statement of Material Facts# 4 Steward Declaration# 5 Exhibit A (Part 1 of 4)# 6 Exhibit A (Part 2 of 4)# 7 Exhibit A (Part 3 of 4)# 8 Exhibit A (Part 4 of 4)# 9 Exhibit B# 10 Exhibit C# 11 Exhibit D# 12 Exhibit E# 13 Exhibit F# 14 Exhibit G# 15 Exhibit H# 16 Exhibit I# 17 Exhibit J# 18 Exhibit K)(Kahn, Jeffrey) (Entered: 04/11/2005)
2005-04-20	14	Unopposed MOTION for Extension of Time to File Response/Reply (Opposition to Defendant's Motion for Summary Judgment) by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Orfanedes, Paul) (Entered: 04/20/2005)
2005-04-22		MINUTE ORDER granting Motion 14 for Extension of Time to File Response re 13 MOTION for Summary Judgment. Response due by 5/6/2005. Issued by Judge Richard W. Roberts on 4/22/2005. NB: The court will no longer send attorneys courtesy paper copies of opinions and orders. Opinions and orders will be sent to attorneys only electronically under LCvR 5.4(b)(1). (lcrwr3) (Entered: 04/22/2005)
2005-05-06	15	Memorandum in opposition to motion re 13 With Statement of Material Facts In Dispute filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Text of Proposed Order)(Cavallo, Meredith) (Entered: 05/06/2005)
2005-05-12	16	NOTICE of parties' consent to extend deadline for defendant's reply brief in further support of defendant's motion for summary judgment 13 until May 24, 2005 by FEDERAL BUREAU OF INVESTIGATION (Kahn, Jeffrey) (Entered: 05/12/2005)
2005-05-24	17	NOTICE of parties' consent to extend deadline for defendant's reply brief in further support of defendant's motion for summary judgment until May 26, 2005 by FEDERAL BUREAU OF INVESTIGATION re 13 MOTION for Summary Judgment (Kahn, Jeffrey) (Entered: 05/24/2005)
2005-05-25	18	REPLY to opposition to motion re 13 filed by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Exhibit L (Second Declaration of Nancy L. Steward))(Kahn, Jeffrey) (Entered: 05/25/2005)
2005-06-07	19	MOTION for Leave to File A Surreply by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Text of Proposed Order)(Orfanedes, Paul) (Entered: 06/07/2005)
2005-06-21	20	NOTICE of Appearance by Elbert Lin on behalf of FEDERAL BUREAU OF INVESTIGATION (Lin, Elbert) (Entered: 06/21/2005)
2005-06-21	21	RESPONSE to Plaintiff's Motion for Leave To File a Surreply 19 filed by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Lin, Elbert) (Entered: 06/21/2005)
2005-06-22	22	STATUS REPORT /PRAECIPE by JUDICIAL WATCH, INC.. (Cavallo, Meredith) (Entered: 06/22/2005)
2005-06-22	23	NOTICE TO WITHDRAW PRAECIPE by JUDICIAL WATCH, INC. re 22 Status Report (Cavallo, Meredith) (Entered: 06/22/2005)
2005-07-18		ENTERED IN ERROR.....MINUTE ORDER: It is hereby ORDERED that plaintiff's unopposed motion 19 for leave to file a sur-reply be, and hereby is, GRANTED. Issued by Judge Richard W. Roberts on 7/18/2005. NB: The court will no longer send attorneys courtesy paper copies of opinions and orders. Opinions and orders will be sent to attorneys only electronically under LCvR 5.4(b)(1). (lcrwr3) Modified on 7/19/2005 (jf, ). (Entered: 07/18/2005)
2005-07-19		NOTICE OF CORRECTED DOCKET ENTRY: Minute Order entered on 07/18/05 was entered in error and will be re-filed at a future date.(jf, ) (Entered: 07/19/2005)
2005-08-01		MINUTE ORDER: It is hereby ORDERED that plaintiff's consent motion 8 for leave allowing Jason B. Aldrich, Esq., to appear pro hac vice be, and hereby is, DENIED. It is further ORDERED, in light of the fact that Mr. Aldrich appears to be practicing law from an office in the District of Columbia, but neither is a member of the D.C. Bar nor has said he has an application for membership in the D.C. Bar pending, see Local Civil Rule 83.2(c)(2), (d)(6), that Mr. Aldrich SHOW CAUSE in writing by August 15, 2005 why he should not be referred tothe D.C. Bar Committee on Unauthorized Practice of Law. Issued by by Judge Richard W. Roberts on 8/1/2005. (lcrwr3) (Entered: 08/01/2005)
2005-08-15	24	RESPONSE to Order to Show Cause filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Orfanedes, Paul) (Entered: 08/15/2005)
2005-08-17		MINUTE ORDER: It is hereby ORDERED that the Show Cause Order issued 8/1/2005 be, and hereby is, DISCHARGED. It is further ORDERED that plaintiff's unopposed motion 8 for leave for Jason B. Aldrich to appear pro hac vice be, and hereby is, GRANTED pursuant to LCVR 83.2(d)(6). Issued by Judge Richard W. Roberts on 8/17/2005. (lcrwr3) (Entered: 08/17/2005)
2005-08-17		MINUTE ORDER: It is hereby ORDERED that plaintiff's motion 19 for leave to file surreply be, and hereby is, DENIED, except as to those portions directly addressed to the second Stewart Declaration. Issued by Judge Richard W. Roberts on 8/17/2005. (lcrwr3) (Entered: 08/17/2005)
2006-11-16	25	MEMORANDUM OPINION AND ORDER denying defendant's motion for summary judgment and directing defendant to submit a new Vaughn index by December 15, 2006. Signed by Judge Richard W. Roberts on 11/15/2006. (EHS) (Entered: 11/16/2006)
2006-12-13	26	NOTICE OF SUBSTITUTION OF COUNSEL by Jonathan Eli Zimmerman on behalf of UNITED STATES DEPARTMENT OF HOMELAND SECURITY, FEDERAL BUREAU OF INVESTIGATION Substituting for attorney Jeffrey Kahn and Elbert Lin (Zimmerman, Jonathan) (Entered: 12/13/2006)
2006-12-13	27	MOTION for Extension of Time to Prepare And File A Supplemental Filing In Accordance With The Court's Order Of November 16, 2006 by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Zimmerman, Jonathan) (Entered: 12/13/2006)
2006-12-14		MINUTE ORDER: It is hereby ORDERED that defendant's motion 27 for extension of time to file its revised Vaughn index be, and hereby is, GRANTED. The Vaughn index is due April 15, 2007. Defendant is advised that under the circumstances, additional requests for extensions of time will be disfavored. Issued by Judge Richard W. Roberts on 12/14/2006. (EHS) (Entered: 12/14/2006)
2007-04-13	28	Second MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Declaration# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D - Page Itemization# 6 Exhibit E (Part 1 of 4)# 7 Exhibit E (Part 2 of 4)# 8 Exhibit E (Part 3 of 4)# 9 Exhibit E (Part 4 of 4)# 10 Exhibit F# 11 Text of Proposed Order)(Zimmerman, Jonathan) (Entered: 04/13/2007)
2007-04-19	29	Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Renewed Motion for Summary Judgment by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Di Liberto, Meredith) (Entered: 04/19/2007)
2007-04-23		MINUTE ORDER: It is hereby ORDERED that plaintiff's consent motion 29 for an extension of time to file its response to defendant's motion 28 for summary judgment be, and hereby is, GRANTED. Response is due by 5/25/2007. Issued by Judge Richard W. Roberts on 04/23/2007. (EHS) (Entered: 04/23/2007)
2007-04-24		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 5/25/2007. (zlin, ) (Entered: 04/24/2007)
2007-05-25	30	RESPONSE to 28 Dendant's Renewed Motion For Summary Judgment filed by JUDICIAL WATCH, INC.. (Di Liberto, Meredith). (Entered: 05/25/2007)
2007-05-31		MINUTE ORDER: It is hereby ORDERED that defendant's second motion 28 for summary judgment be, and hereby is, GRANTED as uncontested by plaintiff. Issued by Judge Richard W. Roberts on 5/31/2007. (EHS) (Entered: 05/31/2007)
2007-06-12	31	Unopposed MOTION for Extension of Time to file Motion for Attorneys' Fees and Costs by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Orfanedes, Paul) (Entered: 06/12/2007)
2007-06-13		MINUTE ORDER: It is hereby ORDERED that the plaintiff's unopposed motion 31 for extension of time to file a motion for attorneys' fees and litgation expenses be, and hereby is, GRANTED. The motion is due 6/28/2007. Issued by Judge Richard W. Roberts on 6/13/2007. (EHS) (Entered: 06/13/2007)
2007-06-14		Set/Reset Deadlines: Motion due by 6/28/2007. (lin, ) (Entered: 06/14/2007)
2007-06-25	32	ENTERED IN ERROR.....Unopposed MOTION for Extension of Time to File motion for attorney's fees and litigation expenses by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Orfanedes, Paul) Modified on 6/25/2007 (lc, ). (Entered: 06/25/2007)
2007-06-25	33	Unopposed MOTION for Extension of Time to File motion for attorney's fees and litigation expenses by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Di Liberto, Meredith) (Entered: 06/25/2007)
2007-06-25		NOTICE OF CORRECTED DOCKET ENTRY: re 32 Unopposed MOTION for Extension of Time to File motion for attorney's fees and litigation expenses was entered in error and counsel was instructed to refile said pleading. (lc, ) (Entered: 06/25/2007)
2007-06-29		MINUTE ORDER: It is hereby ORDERED that plaintiff's consent motion 33 for extension of time to file its motion for attorneys fees and expenses be, and hereby is, GRANTED. The motion is due July 15, 2007. Issued by Judge Richard W. Roberts on 06/29/2007. (EHS) (Entered: 06/29/2007)
2007-07-03		Set/Reset Deadlines: Motions due by 7/15/2007. (lin, ) (Entered: 07/03/2007)
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