Case Detail

FOIA Project Annotation: Judge Christopher Cooper has ruled that the FBI properly withheld records from Amine Touarsi under a variety of exemptions. Touarsi fled Algeria and applied for political asylum in the United States in 1996. Three years later, he was detained on suspicion of being connected with a terrorist plot and held for a year. He was ultimately granted asylum and released. However, he contended the FBI and other federal agents continued to hound him, including routinely questioning him for hours whenever he arrived back in the U.S. from travel abroad. He requested his records from the FBI and asked that they be expunged. The FBI disclosed 175 pages, referred 130 pages to ICE and CBP, and withheld about 160 pages entirely. Touarsi did not challenge the agency's search, but contended that its Vaughn index was insufficient to support any of its withholding claims. Approving the FBI's Exemption 1 (national security) withholdings after an in camera review, Cooper noted that the agency's affidavit "explains that revealing methods of intelligence gathering could enable entities and individuals to better hide malicious activities from investigation. And revealing specific information uncovered by an investigation method can likewise reveal the method itself. Having reviewed these materials, the Court agrees that the only additional information the FBI could plausibly provide would disclose the very intelligence methods the government seeks to protect." Touarsi claimed the agency waived Exemption 5 (privileges) because the government's decision not to prosecute him meant that its investigation was improper. But Cooper observed that "the government may have decided not to prosecute Touarsi for any number of reasons, and its decision is not evidence that it lacked a basis to investigate him in the first instance." Touarsi argued that the agency had failed to provide enough information about its invocation of the attorney-client privilege. Cooper pointed out that "requiring the Bureau to divulge details of the communications beyond their general subject matterâ€"a criminal investigation and potential prosecutionâ€"is not necessary for the Court to determine whether the information is privileged and would invade the very privilege itself." Cooper rejected Touarsi's request that his records be expunged under FOIA. Noting that the Privacy Act proved an amendment remedy but that Touarsi had not brought a Privacy Act claim, Cooper indicated that "compelling disclosure is the only explicitly available remedy under FOIA and Touarsi cites no case whether a court has expunged records as a remedy for the government's misapplication of FOIA exemptions. Ordering expungement, moreover, would be inappropriate given that the Court does not analyze the content of the records requested in a FOIA action other than to determine whether material is properly withheld under the statute's specifically enumerated exemptions."
Issues: Exemption 1 - Harm to national security, Exemption 5 - Privileges

Date Filed	Doc #	Docket Text
2013-07-19	1	CIVIL COVER SHEET by Amine Touarsi filed by Amine Touarsi.(Kabat, Alan) (Entered: 07/19/2013)
2013-07-19	2	COMPLAINT (FOIA) against All Defendants ( Filing fee $ 400 receipt number 0090-3405632) filed by Amine Touarsi. (Attachments: # 1 Exhibit A-E)(Kabat, Alan) (Entered: 07/19/2013)
2013-07-19	3	REQUEST FOR SUMMONS TO ISSUE (Dept. of Homeland Security) by Amine Touarsi re 2 Complaint filed by Amine Touarsi. Related document: 2 Complaint filed by Amine Touarsi.(Kabat, Alan) (Entered: 07/19/2013)
2013-07-19	4	REQUEST FOR SUMMONS TO ISSUE (Dept. of Justice) by Amine Touarsi re 2 Complaint filed by Amine Touarsi. Related document: 2 Complaint filed by Amine Touarsi.(Kabat, Alan) (Entered: 07/19/2013)
2013-07-19		Case Assigned to Judge Robert L. Wilkins. (ls, ) (Entered: 07/19/2013)
2013-07-19	5	Electronic Summons (2)Issued as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Summons, # 2 Consent Notice)(ls, ) (Entered: 07/19/2013)
2013-07-23		MINUTE ORDER: It is hereby ORDERED that the Plaintiff is directed file a public redacted version of the exhibits attached to the complaint at DKT# 1 .. Signed by Judge Robert L. Wilkins on 7/23/2013. (tcb) (Entered: 07/23/2013)
2013-07-23	6	NOTICE OF FILING REDACTED DOCUMENT to 2 Complaint by AMINE TOUARSI (The original PDF Document contained privacy information and was restricted pursuant to the E-Government Act.) (Attachments: # 1 Exhibit (Redacted))(Kabat, Alan) (Entered: 07/23/2013)
2013-07-29	7	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Omar T. Mohammedi, :Firm- Law Firm of Omar T. Mohammedi, LLC, :Address- 233 Broadway, Suite 801, New York NY 10279. Phone No. - 212-725-3846. Fax No. - 212-202-7621 by AMINE TOUARSI (Attachments: # 1 Text of Proposed Order)(Kabat, Alan) (Entered: 07/29/2013)
2013-07-29	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/24/2013. Answer due for ALL FEDERAL DEFENDANTS by 8/23/2013. (Kabat, Alan) (Entered: 07/29/2013)
2013-07-30		MINUTE ORDER granting 7 Motion for Leave to Appear Pro Hac Vice of Attorney Omar T. Mohammedi. Mr. Mohammedi is admitted to appear pro hac vice in this matter on behalf of Plaintiff. Signed by Judge Robert L. Wilkins on 7/30/2013. (tcb) (Entered: 07/30/2013)
2013-08-08	9	NOTICE of Appearance by Heather D. Graham-Oliver on behalf of All Defendants (Graham-Oliver, Heather) (Entered: 08/08/2013)
2013-08-21	10	Consent MOTION for Extension of Time to File Answer re 2 Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE (Graham-Oliver, Heather) (Entered: 08/21/2013)
2013-08-23	11	ORDER granting 10 Consent MOTION for Extension of Time to File Answer re 2 Complaint; The Defendant shall have until September 23, 2013 to respond to the Plaintiffs Complaint.. Signed by Judge Robert L. Wilkins on 8/23/2013. (tcb) (Entered: 08/23/2013)
2013-09-23	12	ANSWER to Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE.(Graham-Oliver, Heather) (Entered: 09/23/2013)
2013-09-24		MINUTE ORDER: Before the Court in this FOIA case are a Complaint and an Answer. The requirements of LCvR 16.3 and Federal Rule of Civil Procedure 26(f) appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule should address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when any party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a Joint Status Report that addresses these issues and that contains a proposed schedule and order by not later than October 18, 2013. Signed by Judge Robert L. Wilkins on 9/24/2013. (lcrlw3) (Entered: 09/24/2013)
2013-10-07	13	Unopposed MOTION to Stay Proceedings by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE (Graham-Oliver, Heather) (Entered: 10/07/2013)
2013-10-08	14	ORDER granting 13 Unopposed MOTION to Stay Proceedings; and it is furtherORDERED, that due to a lapse of appropriations after September 30, 2013, the current deadline for the defendants response is extended for a period commensurate with the duration of the lapse in appropriations. Signed by Judge Robert L. Wilkins on 10/8/2013. (tcb) (Entered: 10/08/2013)
2013-12-02	15	Joint MOTION for Scheduling Order and Proposed Order attached by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE (Graham-Oliver, Heather) (Entered: 12/02/2013)
2013-12-03	16	ORDER granting 15 Joint MOTION for Scheduling Order and Proposed Order attached ; Upon full consideration, it is hereby ORDERED that:The FBI will release additional non-exempt information by December 16, 2013, Defendants will file a dispositive motion due by 2/26/2014. Plaintiff will file an Opposition due by 3/26/2014. Defendants will file a Reply due by 4/15/2014. Signed by Judge Robert L. Wilkins on 12/3/2013. (tcb) (Entered: 12/03/2013)
2013-12-16	17	Consent MOTION to Amend/Correct 16 Order on Motion for Scheduling Order, Set/Reset Deadlines,, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE (Graham-Oliver, Heather) . (Entered: 12/17/2013)
2013-12-18	18	ORDER granting 17 Consent MOTION to Amend/Correct 16 Order on Motion for Scheduling Order; Upon full consideration, it is hereby ORDERED that:The FBI will release additional non-exempt information by January 16, 2013.Defendants will file a dispositive motion on March 28, 2014. Plaintiff may file a Cross-Motion for Summary Judgment on March 28, 2014;The parties will file their respective Oppositions on April 29, 2014.The parties will file their respective Replies on May 13, 2014. Signed by Judge Robert L. Wilkins on 12/18/2013. (tcb) (Entered: 12/18/2013)
2014-01-24		Case reassigned to the Calendar Committee who will oversee it until it is reassigned to another judge. Judge Robert L. Wilkins has been elevated to the U.S. Court of Appeals for DC and is no longer assigned to the case. Any questions should be directed to Terri Barrett, formerly Judge Wilkins deputy clerk, at 202-354-3179 or terri_barrett@dcd.uscourts.gov (zgt, ) (Entered: 01/24/2014)
2014-03-26	19	Consent MOTION to Amend/Correct 18 Order on Motion to Amend/Correct, Set/Reset Deadlines,,,, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 03/26/2014)
2014-03-27		MINUTE ORDER granting 19 Consent MOTION to Amend/Correct 18 Order on Motion to Amend/Correct, Set/Reset Deadlines;Dispositive motions are due on April 2, 2014. Oppositions are due on May 22, 2014. Replies are due on June 5, 2014. Signed by Judge Ellen S. Huvelle on behalf of the Calendar Committee on 3/27/2014. (tcb) . (Entered: 03/27/2014)
2014-04-02	20	Consent MOTION to Amend/Correct Order on Motion to Amend/Correct, Set/Reset Deadlines,, Regarding Scheduling Order by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE (Graham-Oliver, Heather) (Entered: 04/02/2014)
2014-04-07		Case reassigned to Judge Christopher R. Cooper. Calendar Committee no longer assigned to the case. (ztnr, ) (Entered: 04/07/2014)
2014-04-11	21	Consent MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE (Graham-Oliver, Heather) (Entered: 04/11/2014)
2014-04-14		MINUTE ORDER granting 20 Consent MOTION to Amend/Correct Order on Motion to Amend/Correct, Set/Reset Deadlines,, Regarding Scheduling Order; Upon full consideration, it is hereby ORDERED that: Dispositive motions are due on April 11, 2014, Oppositions are due on May 22, 2014, Replies are due on June 5, 2014. Signed by Judge Christopher R. Cooper on 4/14/2014. (tcb) (Entered: 04/14/2014)
2014-04-15	22	Consent MOTION for Extension of Time to File Defendants' Motion for Summary Judgment [(1) day] by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE (Graham-Oliver, Heather) (Entered: 04/15/2014)
2014-04-16		MINUTE ORDER granting 21 Consent Motion for Extension of Time to File; granting 22 Consent Motion for Extension of Time to File; it is hereby ORDERED that: Dispositive motions are due on April 16, 2014, Oppositions are due on May 22, 2014, Replies are due on June 5, 2014. Signed by Judge Christopher R. Cooper on 4/16/2014. (lccrc1, ) (Entered: 04/16/2014)
2014-04-16	23	NOTICE (Defendants' Notice of Ex Parte In Camera Submission of Documents in Support of Motion for Summary Judgment) by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE (Graham-Oliver, Heather) (Entered: 04/16/2014)
2014-04-16	24	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Affidavit Hardy Declaration, # 3 Exhibit Exhibits A - J, # 4 Affidavit Suzuki Declaration, # 5 Exhibit Suzuki Exhibits, # 6 Affidavit Fuss Declaration, # 7 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 04/16/2014)
2014-04-17	25	NOTICE OF FILING EXHIBIT 1 TO LOUIS FUSS DECLARATION by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE re 24 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1 to Fuss Declaration)(Graham-Oliver, Heather) (Entered: 04/17/2014)
2014-04-23	26	Consent MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Summary Judgment by AMINE TOUARSI (Kabat, Alan) (Entered: 04/23/2014)
2014-04-23		MINUTE ORDER granting 26 Consent Motion for Extension of Time to File Response/Reply; it is hereby ORDERED that: Oppositions are due on June 6, 2014, Replies are due on June 22, 2014. Signed by Judge Christopher R. Cooper on 4/23/2014. (lccrc1, ) (Entered: 04/23/2014)
2014-04-23		Set/Reset Deadlines: Oppositions are due by 6/6/2014. Replies due by 6/22/2014. (tcb) (Entered: 04/23/2014)
2014-06-06	27	RESPONSE re 24 MOTION for Summary Judgment Opposition filed by AMINE TOUARSI. (Attachments: # 1 Memorandum in Support, # 2 Plaintiff's Response to Defendants' Statement of Facts, # 3 Exhibits to Plaintiff's Response to Defendants' Statement of Facts, # 4 Plaintiff's Statement of Disputed Facts, # 5 Affidavit of Amine Touarsi, # 6 Text of Proposed Order)(Mohammedi, Omar) (Entered: 06/06/2014)
2014-06-20	28	Consent MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE (Graham-Oliver, Heather) (Entered: 06/20/2014)
2014-06-20		MINUTE ORDER granting 28 Motion for Extension of Time to File Response/Reply; it is hereby ORDERED that Replies are due on July 23, 2014. Signed by Judge Christopher R. Cooper on 6/20/2014. (lccrc3, ) (Entered: 06/20/2014)
2014-07-23	29	REPLY to opposition to motion re 24 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts Defendant's Response to the Plaintiff's Statement of Facts., # 2 Affidavit Hardy Second Declaration)(Graham-Oliver, Heather) (Entered: 07/23/2014)
2015-01-23	30	MEMORANDUM OPINION re: Defendants' 24 MOTION for Summary Judgment. Signed by Judge Christopher R. Cooper on 1/23/2015. (tcr) (Entered: 01/23/2015)
2015-01-23	31	ORDER: For the reasons provided in the accompanying Memorandum Opinion, it is hereby ORDERED that 24 Defendants Motion for Summary Judgment is GRANTED. It is further ORDERED that Plaintiffs Complaint is DISMISSED.This is a final, appealable order. Signed by Judge Christopher R. Cooper on 1/23/2015. (tcr) (Entered: 01/23/2015)
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