Case Detail

FOIA Project Annotation: Resolving the remaining redactions in several opinions by the Foreign Intelligence Surveillance Court pertaining to whether the government was improperly interpreting its authority under Section 702 of the Foreign Intelligence Surveillance Act, Judge Amy Berman Jackson, after reviewing the remaining document in camera, has ruled that the Justice Department's redactions under Exemption 1 (national security) fell within the categories for withholding contained in the Executive Order and were not made to conceal possible embarrassment to the government. In responding to a request from EFF, the Justice Department found five responsive documents and withheld most of the records under Exemption 1 and Exemption 3 (other statutes). EFF then filed suit. During the litigation, Edward Snowden disclosed documents that included some of the information withheld by DOJ. As a result, the agency reprocessed the documents and disclosed some more information. Jackson agreed that an in camera review would be beneficial and provided a series of questions to DOJ concerning its justifications for withholding certain data after examining the documents, particularly why the agency continued to redact docket numbers. EFF contended the agency had failed to show that the remaining redactions fell within the protected categories contained in the E.O. and that information was not still being withheld to avoid embarrassment. Jackson found all the remaining redactions appropriate. She noted that "based on its review of those documents, the Court finds that none of the remaining redactions appear to be for an improper purpose, such as to shield embarrassing information from the public. The overwhelming majority of the redactions are simply docket information identifying prior applications and opinions by either number or date. None of these redactions, nor any of the other redactions, operate to withhold material that would show any violation of law, inefficiency, or administrative error. Indeed, material in the opinion that is critical of the government's conduct has been declassified and made public."
Issues: Exemption 1 - Properly classified

Date Filed	Doc #	Docket Text
2012-08-30	1	COMPLAINT for Injunctive Relief against DEPARTMENT OF JUSTICE ( Filing fee $ 350 receipt number 0090-3053407) filed by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General, # 3 Summons Dept. of Justice, # 4 Summons US Attorneys Office)(Sobel, David) (Entered: 08/30/2012)
2012-08-30	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ELECTRONIC FRONTIER FOUNDATION (Sobel, David) (Entered: 08/30/2012)
2012-08-30		Case Assigned to Judge Amy Berman Jackson. (mmh) (Entered: 08/30/2012)
2012-08-30	3	ELECTRONIC SUMMONS Issued (3) as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Consent Notice)(mmh) (Entered: 08/30/2012)
2012-10-01	4	ANSWER to Complaint by DEPARTMENT OF JUSTICE.(Coleman Snead, Jacqueline) (Entered: 10/01/2012)
2012-10-02	5	ORDER that defendant file on or before 10/31/12 a dispositive motion or, in the alternative, a report setting forth the schedule for document production to plaintiff. See Order for details. Signed by Judge Amy Berman Jackson on 10/2/12. (DMK) (Entered: 10/02/2012)
2012-10-08		Set/Reset Deadlines: Defendant to file a dispositive motion or, in the alternative, a report setting forth the schedule for the production of documents to plaintiff by 10/31/2012. (jth) (Entered: 10/08/2012)
2012-10-31	6	STATUS REPORT by DEPARTMENT OF JUSTICE. (Coleman Snead, Jacqueline) (Entered: 10/31/2012)
2012-11-01		MINUTE ORDER. It is ORDERED that on December 14, 2012, the parties file a joint status report that addresses: (1) the status of production, and (2) whether plaintiff is challenging any withholdings, and if so, a proposed briefing schedule for dispositive motions. Signed by Judge Amy Berman Jackson on 11/1/12. (lcabj1) (Entered: 11/01/2012)
2012-11-01		Set/Reset Deadlines: Joint Status Report due by 12/14/2012. (jth) (Entered: 11/01/2012)
2012-12-05	7	STATUS REPORT by DEPARTMENT OF JUSTICE. (Coleman Snead, Jacqueline) (Entered: 12/05/2012)
2012-12-06		MINUTE ORDER. It is ORDERED that on or before January 4, 2013, defendant is to file a status report that addresses the status of production, and it is further ORDERED that on or before January 18, 2013, the parties are to file a joint status report indicating whether plaintiff is challenging any withholdings and if so, a proposed briefing schedule for dispositive motions. Signed by Judge Amy Berman Jackson on 12/6/12. (DMK) (Entered: 12/06/2012)
2012-12-06		Set/Reset Deadlines: Defendant to file a status report by 1/4/2013 that addresses the status of production. The parties are directed to file a joint status report by 1/18/2013 indicating whether plaintiff is challenging any withholdings and if so, a proposed briefing schedule for the filing of dispositive motions. (jth) (Entered: 12/06/2012)
2013-01-04	8	STATUS REPORT by DEPARTMENT OF JUSTICE. (Coleman Snead, Jacqueline) (Entered: 01/04/2013)
2013-01-18	9	STATUS REPORT and Proposed Briefing Schedule by DEPARTMENT OF JUSTICE, ELECTRONIC FRONTIER FOUNDATION. (Sobel, David) (Entered: 01/18/2013)
2013-01-22	10	SCHEDULING ORDER:Defendant's motion for summary judgment will be due on or before April 1, 2013; Plaintiff's combined opposition to the motion for summary judgment and cross-motion for summary judgment, if any, will be due on or before May 3, 2013; Defendant's combined reply in support of its motion for summary judgment and opposition to plaintiff's cross-motion, if any, will be due on or before May 24, 2013; Plaintiff's reply in support of its cross-motion, if any, will be due on or before June 7, 2013. (SEE ORDER FOR COMPLETE DETAILS). Signed by Judge Amy Berman Jackson on 1/22/13. (lcabj1) (Entered: 01/22/2013)
2013-04-01	11	WITHDRAWN PURSUANT TO NOTICE FILED 09/05/13.....MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum of Points and Authorities, # 2 Statement of Material Facts not in Dispute, # 3 Bradley Declaration, # 4 Janosek Declaration)(Coleman Snead, Jacqueline) Modified on 9/6/2013 (jth). (Entered: 04/01/2013)
2013-04-24	12	Unopposed MOTION to Stay Proceedings by ELECTRONIC FRONTIER FOUNDATION (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 04/24/2013)
2013-04-24		MINUTE ORDER granting 12 Motion to Stay. It is ORDERED that the parties file a joint status report on June 5, 2013. Signed by Judge Amy Berman Jackson on 4/24/13. (lcabj1) (Entered: 04/24/2013)
2013-04-25		Set/Reset Deadline: Joint Status Report due on 6/5/2013. (jth) (Entered: 04/25/2013)
2013-06-05	13	STATUS REPORT (JOINT) by ELECTRONIC FRONTIER FOUNDATION. (Sobel, David) (Entered: 06/05/2013)
2013-06-10		MINUTE ORDER. In light of the joint status report filed on June 5, 2013, it is ORDERED that the parties file another joint status report on July 1, 2013. Signed by Judge Amy Berman Jackson on 6/10/13. (lcabj1) (Entered: 06/10/2013)
2013-06-10		Set/Reset Deadlines: Joint Status Report due by 7/1/2013. (jth) (Entered: 06/10/2013)
2013-07-01	14	STATUS REPORT of the Parties by DEPARTMENT OF JUSTICE. (Coleman Snead, Jacqueline) (Entered: 07/01/2013)
2013-07-09		MINUTE ORDER LIFTING STAY. In light of the status report filed by the parties on July 1, 2013 [Dkt. # 14], it is ORDERED that the stay on this action is lifted. It is FURTHER ORDERED that by August 12, 2013, defendant must assess its position and make any additional disclosures it intends to make in light of the developments described in the July 1 status report. It is FURTHER ORDERED that defendant shall file a notice with the Court on August 12, 2013, indicating whether any other materials were provided to the plaintiff in whole or in part, and stating whether it intends to rely upon the Motion for Summary Judgment filed on April 1, 2013 [Dkt. # 11], or if it intends to withdraw that motion and substitute a new motion for summary judgment. If the defendant intends to file a new motion, it will be due on or before August 26, 2013; plaintiff's opposition and combined cross-motion for summary judgment, if any, will be due on or before September 23, 2013; defendant's reply in support of its motion and combined opposition to plaintiff's cross-motion, if any, will be due on or before October 14, 2013; and plaintiff's reply in support of its cross-motion, if any, will be due on or before October 28, 2013. If defendant states on August 12 that the original Motion for Summary Judgment is still the operative document, plaintiff's opposition and combined cross-motion for summary judgment, if any, will be due on or before September 9, 2013; defendant's reply in support of its motion and combined opposition to plaintiff's cross-motion, if any, will be due on or before September 30, 2013; and plaintiff's reply in support of its cross-motion, if any, will be due on or before October 14, 2013. Signed by Judge Amy Berman Jackson on 7/9/13. (lcabj1) (Entered: 07/09/2013)
2013-07-10		Set/Reset Deadlines: Defendant to file a notice with the Court on 8/12/2013, indicating whether any other materials were provided to the plaintiff in whole or in part, and stating whether it intends to rely upon the Motion for Summary Judgment filed on 4/1/2013 [Dkt. # 11], or if it intends to withdraw that motion and substitute a new motion for summary judgment. If the defendant intends to file a new motion, it will be due on or before 8/26/2013. (jth) (Entered: 07/10/2013)
2013-07-10		Set/Reset Deadlines: If defendant's notice of 8/12/2013 states its intention to withdraw the Motion for Summary Judgment filed 4/1/2013 [Dkt. #11], and substitute a new Motion for Summary Judgment - reset the remaining briefing schedule deadlines established in the minute order issued 7/9/2013. (jth) (Entered: 07/10/2013)
2013-08-09	15	Unopposed MOTION for Extension of Time to Release Documents to Plaintiff; Status Report by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Bressler, Steven) (Entered: 08/09/2013)
2013-08-09		MINUTE ORDER granting 15 Unopposed Motion for Extension of Time. In light of defendant's consolidated statute report and motion for extension of time filed on this day, it is ORDERED that defendant shall produce further information to plaintiff by August 21, 2013. It is further ORDERED that defendant's renewed motion for summary judgment, if any, is due by September 4, 2013, plaintiff's opposition and combined cross-motion for summary judgment, if any, is due by October 2, 2013, defendant's reply in support of its motion and combined opposition to plaintiff's cross-motion, if any, is due by October 23, 2013, and plaintiff's reply in support of its cross-motion, if any, is due by November 6, 2013. Signed by Judge Amy Berman Jackson on 8/9/13. (DMK) (Entered: 08/09/2013)
2013-08-12		Set/Reset Deadlines: Defendant shall produce additional information to Plaintiff by 8/21/2013. Defendant's Renewed Motion for Summary Judgment is due by 9/4/2013, Plaintiff's Opposition and Cross-Motion is due by 10/2/2013. Defendant's Reply and Opposition to the Cross-Motion is due by 10/23/2013. Plaintiff's reply in support of the Cross-Motion is due by 11/6/2013. (jth) (Entered: 08/12/2013)
2013-09-04	16	MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Hudson Declaration, # 3 Sherman Declaration, # 4 Statement of Material Facts not in Dispute)(Coleman Snead, Jacqueline) (Entered: 09/04/2013)
2013-09-05	17	NOTICE OF WITHDRAWAL OF MOTION by DEPARTMENT OF JUSTICE re 11 MOTION for Summary Judgment (Coleman Snead, Jacqueline) (Entered: 09/05/2013)
2013-10-02	18	Memorandum in opposition to re 16 MOTION for Summary Judgment filed by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Statement of Facts (Response), # 6 Text of Proposed Order)(Sobel, David) (Entered: 10/02/2013)
2013-10-02	19	MOTION for Summary Judgment by ELECTRONIC FRONTIER FOUNDATION (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Statement of Facts, # 6 Text of Proposed Order)(Sobel, David) (Entered: 10/02/2013)
2013-10-03	20	Unopposed MOTION to Stay Litigation in Light of Lapse in Federal Government Appropriations by DEPARTMENT OF JUSTICE (Coleman Snead, Jacqueline) (Entered: 10/03/2013)
2013-10-03		MINUTE ORDER granting 20 Motion to Stay. It is ORDERED that the current briefing schedule for dispositive motions is vacated. It is FURTHER ORDERED that the parties shall file a joint status report with a proposed revised dispositive motions briefing schedule within two business days of the resumption of operations at the Department of Justice. Signed by Judge Amy Berman Jackson on 10/3/2013. (lcabj1) (Entered: 10/03/2013)
2013-10-18	21	STATUS REPORT of the Parties by DEPARTMENT OF JUSTICE. (Coleman Snead, Jacqueline) (Entered: 10/18/2013)
2013-10-18		MINUTE ORDER. It is ORDERED that the stay in this case is lifted in light of the resumption of government activities. Pursuant to the parties' joint status report, it is FURTHER ORDERED that Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment/Reply in Support of Defendant's Renewed Motion for Summary Judgment is now due on or before November 7, 2013, and Plaintiff's Reply in Support of Plaintiff's Cross-Motion for Summary Judgment is now due on or before November 21, 2013. Signed by Judge Amy Berman Jackson on 10/18/2013. (lcabj1) (Entered: 10/18/2013)
2013-10-21		Set/Reset Deadlines: Defendant's Reply in support of their Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment is due by 11/7/2013, Plaintiff's Reply in Support of it's Cross-Motion for Summary Judgment is now due by 11/21/2013. (jth) (Entered: 10/21/2013)
2013-11-07	22	REPLY to opposition to motion re 16 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Coleman Snead, Jacqueline) (Entered: 11/07/2013)
2013-11-07	23	Memorandum in opposition to re 19 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Counterstatement of Material Facts)(Coleman Snead, Jacqueline) (Entered: 11/07/2013)
2013-11-20	24	Unopposed MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Summary Judgment by ELECTRONIC FRONTIER FOUNDATION (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 11/20/2013)
2013-11-20		MINUTE ORDER granting 24 Unopposed Motion for Extension of Time to File Response/Reply. It is ORDERED that plaintiff's reply in support of its cross-motion for summary judgment is now due on or before December 6, 2013. Signed by Judge Amy Berman Jackson on 11/20/2013. (lcabj1) (Entered: 11/20/2013)
2013-11-21		Set/Reset Deadlines: Plaintiff's Reply in support of its Cross-Motion for Summary Judgment is now due by 12/6/2013. (jth) (Entered: 11/21/2013)
2013-12-06	25	REPLY to opposition to motion re 19 MOTION for Summary Judgment filed by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Sobel, David) (Entered: 12/06/2013)
2014-03-25		MINUTE ORDER. Defendant is directed to deliver the October 3, 2011 FISC Opinion and Order withheld under 5 U.S.C. § 552(b)(1) and (b)(3) to chambers by Friday, April 4, 2014, for in camera inspection to assist the Court in making a responsible de novo determination. Ray v. Turner, 587 F.2d 1187, 1195 (D.C. Cir. 1978). Signed by Judge Amy Berman Jackson on 3/25/2014. (lcabj1) (Entered: 03/25/2014)
2014-03-25		Set/Reset Deadline: Defendant's In-Camera Submission is due by 4/4/2014. (jth) (Entered: 03/25/2014)
2014-04-04	26	NOTICE of Complance with Minute Order by DEPARTMENT OF JUSTICE re Order, (Coleman Snead, Jacqueline) (Entered: 04/04/2014)
2014-05-28	27	NOTICE to the Court by DEPARTMENT OF JUSTICE (Coleman Snead, Jacqueline) (Entered: 05/28/2014)
2014-06-11		MINUTE ORDER. On March 25, 2014, the Court ordered defendant to provide the October 2011 FISC Opinion for in camera review. The Court has completed that review but needs further information from defendant regarding certain redactions. First, with respect to the many redactions of docket information, the Court notes that paragraph 30 of the Declaration of Jennifer L. Hudson [Dkt. # 16-2] states that the redactions contain dates and targets, and therefore disclosure would threaten national security. But many of the redactions are of docket numbers or dates only, so it is ORDERED that defendant shall provide further explanation as to why that sort of purely numerical information cannot be disclosed as long as any reference to particular targets remain classified. Second, it is FURTHER ORDERED that defendant shall notify the Court: (1) why, in light of the unredacted paragraph that begins on page three, any reference to the number of previous acquisitions in the opinion needs to be withheld; (2) why the material in the 10th line of the first paragraph in section I.A on page 3 is classified, taking into consideration the rest of the sentence that has already been disclosed and what is disclosed in footnote 17 on page 18; (3) the reason why the end of footnote 9 is redacted; (4) the reason for the redaction of the reference that is not a docket number within lines 2-4 at the top of page 16; (5) the reason for the redactions other than docket numbers on page 23; (6) the reason for the redaction on page 24; (7) the reason for the redaction on page 25; (8) the reason for the redaction in footnote 49 on page 54; (9) the reason for the redaction in the 5th line of the first paragraph under section B; (10) the reason for the redacted lines at the bottom of page 21 and onto page 22; (11) the reason for the redactions, other than the docket numbers, in the first full paragraph on page 22 beginning with "Furthermore;" and (12) the reason for the reactions on page 73. This information shall be provided on or before July 2, 2014. Signed by Judge Amy Berman Jackson on 6/11/2014. (lcabj1) (Entered: 06/11/2014)
2014-06-12		Set/Reset Deadlines: Information pursuant to the Court's Minute Order issued 6/11/2014 shall be provided by 7/2/2014. (jth) (Entered: 06/12/2014)
2014-06-20	28	Unopposed MOTION for Extension of Time to File Response/Reply to Minute Order of June 11, 2014 by DEPARTMENT OF JUSTICE (Coleman Snead, Jacqueline) (Entered: 06/20/2014)
2014-06-23		MINUTE ORDER granting 28 Unopposed Motion for Extension of Time to File Response. It is ORDERED that defendant's response to the Court's Minute Order of June 11, 2014 is due by July 11, 2014. Signed by Judge Amy Berman Jackson on 6/23/14. (DMK) (Entered: 06/23/2014)
2014-06-24		Set/Reset Deadlines: Defendant's Response to the Court's Minute Order of 6/11/2014 is now due by 7/11/2014. (jth) (Entered: 06/24/2014)
2014-07-11	29	NOTICE re Minute Order of June 11, 2014 by DEPARTMENT OF JUSTICE re Order,,,,,,,, (Coleman Snead, Jacqueline) (Entered: 07/11/2014)
2014-07-18	30	ORDER granting 16 Defendant's Motion for Summary Judgment; denying 19 Plaintiff's Motion for Summary Judgment. (SEE ORDER FOR DETAIL). Signed by Judge Amy Berman Jackson on 7/18/2014. (lcabj1) (Entered: 07/18/2014)
2014-07-18	31	MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 7/18/2014. (lcabj1) (Entered: 07/18/2014)
2014-07-18		MINUTE ORDER. It is ORDERED that defendant shall file on the public docket a redacted version of the supplemental Hudson Declaration that it provided ex parte to this Court in response to the June 11, 2014 Minute Order or an explanation for why it cannot do so on or before August 1, 2014. Signed by Judge Amy Berman Jackson on 7/18/2014. (lcabj1) (Entered: 07/18/2014)
2014-07-18		Set/Reset Deadlines: Defendant to file on the public docket a redacted version of the Supplemental Hudson Declaration or, file an explanation for why it can't do so by 8/1/2014. (jth) (Entered: 07/18/2014)
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