Case Detail

FOIA Project Annotation: Judge Tanya Chutkan has ruled that two tweets from President Donald Trump pertaining to communications between then National Security Advisor Michael Flynn and Russian Ambassador to the United States Sergey Kislyak do not confirm the existence of records requested by Judicial Watch from the CIA, the Department of Justice, and the Department of Treasury. In May 2017 testimony before the Senate Judiciary Committee, then FBI Director James Comey also alluded to an investigation of Flynn. In response to Judicial Watch's requests, both the CIA and Treasury invoked a Glomar response neither confirming nor denying the existence of records, while the FBI told Judicial Watch it was withholding records under Exemption 7(A) (interference with ongoing investigation or proceeding). After Flynn pled guilty, the FBI reassessed its 7(A) claims, concluding they were still valid. After Judge Emmet Sullivan ordered the FBI's FD-302 on Flynn's interview disclosed in redacted form, the FBI withdrew its categorical 7(A) claim but continued to withhold a number of records under 7(A). The FBI released two documents, claiming that as well as 7(A), the other records were protected by Exemption 3 (other statutes), Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records), and Exemption 7(E) (investigative methods or techniques). Judicial Watch argued that the FBI was required to justify its 7(A) claims based on a document-by-document assessment rather than the agency's category-by-category justification, which grouped the records into investigative information, evidentiary records, and administrative records. Chutkan approved those three categories, noting that "equipped with information regarding the targets, scope, focus, and investigative techniques, certain individuals would be able to readily interfere with the FBI's investigation and prosecution." She rejected Judicial Watch's argument that because so much was publicly known about the Flynn investigation there must be records that could be disclosed. Chutkan pointed out that "plaintiff has failed to identify the 'extensive information' that has been released in the public domain and which undermines the FBI's invocation of exemption 7(A)." Although there was no apparent confirmation that either the CIA or Treasury were investigating Flynn. Judicial Watch argued that it was certainly likely that both agencies had an interest in the investigation. Finding that neither of Trump's tweets nor a subsequent White House statement confirmed any investigation by the two agencies, Chutkan indicated that "in this case, there is doubt as to whether the CIA or Treasury have an intelligence interest in Flynn. Plaintiff provides no information suggesting that CIA or Treasury are conducting an investigation; rather it simply asserts that because the FBI is investigating Flynn, 'it would simply be malfeasance if either agency did not have such files.' This assertion does not overcome the fact that no official acknowledgement matches the records Plaintiff seeks, and there is no evidence that the information is in the public domain."
Issues: Exemption 7(A) - Interference with ongoing investigation, Public domain

Date Filed	Doc #	Docket Text
2017-03-06	1	COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-4865702) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons CIA, # 3 Summons DOJ, # 4 Summons DOT, # 5 Summons US Attorney for the District of Columbia, # 6 Summons US Attorney General)(Peterson, James) (Entered: 03/06/2017)
2017-03-06	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Peterson, James) (Entered: 03/06/2017)
2017-03-06		Case Assigned to Judge Tanya S. Chutkan. (sth) (Entered: 03/07/2017)
2017-03-07	3	SUMMONS (5) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, DEPARTMENT OF THE TREASURY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(sth) Modified: Summons 4 erroneously filed. 3/8/2017 (jd). (Entered: 03/07/2017)
2017-03-08	4	SUMMONS (1) Issued as to U.S. Attorney for the District of Columbia (Attachment: # 1 Consent Forms)(jd) (Entered: 03/08/2017)
2017-03-16	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/13/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 4/12/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/13/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. All Defendants (Attachments: # 1 Declaration of Cristina Rotaru)(Peterson, James) (Entered: 03/16/2017)
2017-04-12	6	ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, DEPARTMENT OF THE TREASURY.(Lopez-Morales, Cesar) (Entered: 04/12/2017)
2017-04-17		MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure 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 shall 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 either 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 proposed order not later than 5/8/17. Signed by Judge Tanya S. Chutkan on 4/17/17. (DJS) (Entered: 04/17/2017)
2017-04-20		Set/Reset Deadlines: Proposed Briefing Schedule/Order due by 5/8/2017. (tb) (Entered: 04/20/2017)
2017-05-08	7	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, DEPARTMENT OF THE TREASURY. (Attachments: # 1 Text of Proposed Order)(Lopez-Morales, Cesar) (Entered: 05/08/2017)
2017-05-17		MINUTE ORDER: Defendants shall respond to Plaintiffs' FOIA requests no later than May 19, 2017. The parties shall file another joint status report and proposed order on May 26, 2017. Signed by Judge Tanya S. Chutkan on 5/17/17. (DJS) (Entered: 05/17/2017)
2017-05-18		Set/Reset Deadlines: Defendant's response due by 5/19/2017. Joint Status Report due by 5/26/2017. (tb) (Entered: 05/18/2017)
2017-05-26	8	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, DEPARTMENT OF THE TREASURY. (Attachments: # 1 Text of Proposed Order)(Lopez-Morales, Cesar) (Entered: 05/26/2017)
2017-06-06		MINUTE ORDER: Having considered the parties' Joint Status Report 8 , it is hereby ordered that Defendants shall file their anticipated motion for summary judgment by August 21, 2017. Plaintiff shall file its combined cross-motion and opposition by September 22, 2017. Defendants shall file their combined reply and opposition by October 23, 2017. Plaintiff shall file its reply in support of its cross-motion by November 6, 2017. The FBI's arguments in this initial round of briefing may rely solely on Exemption 7(A). Any other basis for withholding documents responsive to Plaintiff's FOIA request are preserved and, if necessary, may be raised in future proceedings. Signed by Judge Tanya S. Chutkan on 6/6/17. (DJS) (Entered: 06/06/2017)
2017-06-07		Set/Reset Deadlines: Summary Judgment motion due by 8/21/2017. Response/Cross Motion due by 9/22/2017. Reply/Response to Cross Motion due by 10/23/2017. Reply to Cross Motions due by 11/6/2017. (tb) (Entered: 06/07/2017)
2017-08-21	9	MOTION for Leave to File Ex Parte, In Camera Versions of the FBI's Summary Judgment Filings by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Lopez-Morales, Cesar) (Entered: 08/21/2017)
2017-08-21	10	MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, DEPARTMENT OF THE TREASURY (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Index of Exhibits, # 5 Hardy Declaration (FBI), # 6 Jordan Declaration (Treasury), # 7 Shiner Declaration (CIA))(Lopez-Morales, Cesar) (Entered: 08/21/2017)
2017-09-19	11	Unopposed MOTION for Extension of Time to File and Reset Briefing Schedule by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Peterson, James) (Entered: 09/19/2017)
2017-09-22		MINUTE ORDER: Granting 11 Unopposed Motion for Extension of Briefing Deadlines. Plaintiff's Opposition and Combined Cross-Motion for Summary Judgment due October 6, 2017. Defendants' Reply & Combined Response due November 21, 2017. Plaintiff's Reply due December 5, 2017. Signed by Judge Tanya S. Chutkan on 9/22/17. (DJS) (Entered: 09/22/2017)
2017-09-22		Set/Reset Deadlines: Cross Motion due by 10/6/2017. Response to Cross Motion due by 11/21/2017. Reply to Cross Motion due by 12/5/2017. Response to Motion for Summary Judgment due by 10/6/2017. Reply to Motion for Summary Judgment due by 11/21/2017. (tb) (Entered: 09/22/2017)
2017-09-30		MINUTE ORDER: In the absence of any substantive response by the Plaintiff and for good cause shown, Defendants' 9 Motion for Leave to File is hereby granted. Defendants may redact law enforcement sensitive information on the publicly filed version of the FBI's filings and Defendants shall file unredacted versions of the FBI's filings ex parte and in camera. Signed by Judge Tanya S. Chutkan on 9/30/17. (DJS) (Entered: 09/30/2017)
2017-10-06	12	Unopposed MOTION to Modify <i Briefing Schedule by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Peterson, James) Modified event title on 10/10/2017 (znmw). (Entered: 10/06/2017)
2017-10-06		MINUTE ORDER: Granting 12 Consent Motion for Extension of Briefing Schedule. Plaintiff shall file its cross-motion for summary judgment and combined opposition to Defendants' motion for summary judgment by October 11, 2017. Defendants shall file their combined reply/opposition by December 4, 2017. Plaintiff shall file its reply by December 18, 2017. Signed by Judge Tanya S. Chutkan on 10/6/17. (DJS) (Entered: 10/06/2017)
2017-10-10		Set/Reset Deadlines: Cross Motion due by 10/11/2017. Response to Cross Motion due by 12/4/2017. Reply to Cross Motion due by 12/18/2017. Response to Motion for Summary Judgment due by 10/11/2017. Reply to Motion for Summary Judgment due by 12/4/2017. (tb) (Entered: 10/10/2017)
2017-10-11	13	Memorandum in opposition to re 10 MOTION for Summary Judgment and Response to Statement of Facts filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Peterson, James) (Entered: 10/11/2017)
2017-10-11	14	Cross MOTION for Summary Judgment by JUDICIAL WATCH, INC. (Attachments: # 1 Memorandum in Support Memorandum and Statement of Facts, # 2 Text of Proposed Order)(Peterson, James) (Entered: 10/11/2017)
2017-12-04	15	Unopposed MOTION for Extension of Time to File Response/Reply and to Modify Briefing Schedule by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, DEPARTMENT OF THE TREASURY (Attachments: # 1 Text of Proposed Order)(Lopez-Morales, Cesar). Added MOTION to Modify Briefing Schedule on 12/5/2017 (znmw). (Entered: 12/04/2017)
2017-12-05		MINUTE ORDER: Granting 15 Unopposed Motion for Extension of Time to File Response/Reply. Defendant shall file its combined reply in support of its motion for summary judgment and opposition to Plaintiff's cross-motion on or before January 16, 2018. Plaintiff shall file its reply, if any, in support of its cross-motion on or before January 30, 2018. Signed by Judge Tanya S. Chutkan on 12/5/17. (DJS) (Entered: 12/05/2017)
2017-12-06		Set/Reset Deadlines: Response to Cross Motion due by 1/16/2018. Reply to Cross Motion due by 1/30/2018. Reply to Motion for Summary Judgment due by 1/16/2018. (tb) (Entered: 12/06/2017)
2018-01-16	16	REPLY to opposition to motion re 10 MOTION for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, DEPARTMENT OF THE TREASURY. (Attachments: # 1 Declaration Second Hardy Declaration (FBI))(Lopez-Morales, Cesar) (Entered: 01/16/2018)
2018-01-16	17	Memorandum in opposition to re 14 Cross MOTION for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, DEPARTMENT OF THE TREASURY. (Attachments: # 1 Declaration Second Hardy Declaration (FBI))(Lopez-Morales, Cesar) (Entered: 01/16/2018)
2018-01-29	18	Consent MOTION for Extension of Time to File Response/Reply in Supp of Cross Motion for Summary Judgment by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Peterson, James) (Entered: 01/29/2018)
2018-01-30		MINUTE ORDER: Granting 18 Consent Motion for Extension of Time to File Response/Reply. Plaintiff's brief due February 2, 2018. Signed by Judge Tanya S. Chutkan on 1/30/18. (DJS) (Entered: 01/30/2018)
2018-01-31		Set/Reset Deadlines: Reply in support of the Cross Motion for Summary Judgment is due by 2/2/2018. (jth) (Entered: 01/31/2018)
2018-02-02	19	REPLY to opposition to motion re 14 Cross MOTION for Summary Judgment filed by JUDICIAL WATCH, INC.. (Peterson, James) (Entered: 02/02/2018)
2018-09-30	20	NOTICE of Change of Address by Cesar A. Lopez-Morales (Lopez-Morales, Cesar) (Entered: 09/30/2018)
2019-07-25	21	NOTICE OF SUBSTITUTION OF COUNSEL by Jonathan D. Kossak on behalf of CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, DEPARTMENT OF THE TREASURY Substituting for attorney Cesar A. Lopez-Morales (Kossak, Jonathan) (Entered: 07/25/2019)
2019-08-14	22	NOTICE of FOIA Records Release by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, DEPARTMENT OF THE TREASURY (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kossak, Jonathan) (Entered: 08/14/2019)
2019-08-28		MINUTE ORDER: By 9/6/19, the parties shall file a joint status report informing the court what impact, if any, the release of records as indicated in Defendant's notice 22 has on the pending dispositive motions and/or this litigation. Signed by Judge Tanya S. Chutkan on 8/28/19. (DJS) (Entered: 08/28/2019)
2019-08-29		Set/Reset Deadlines: Joint Status Report due by 9/6/2019. (tb) (Entered: 08/29/2019)
2019-09-06	23	Joint STATUS REPORT on Behalf of the Parties by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, DEPARTMENT OF THE TREASURY. (Kossak, Jonathan) (Entered: 09/06/2019)
2019-09-06		MINUTE ORDER: Having reviewed the parties' joint status report 23 the court hereby directs the parties to file an additional joint status report on or before September 20, 2019. The status report shall include, but not necessarily be limited to, the Government's final position on the impact, if any, the release of records as indicated in Defendant's notice 22 has on the pending dispositive motions and/or this litigation. Signed by Judge Tanya S. Chutkan on 9/6/2019. (lctsc1) (Entered: 09/06/2019)
2019-09-20	24	Joint STATUS REPORT on Behalf of the Parties by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, DEPARTMENT OF THE TREASURY. (Kossak, Jonathan) (Entered: 09/20/2019)
2019-09-29	25	MEMORANDUM OPINION regarding Defendants' motion 10 for summary judgment and Plaintiff's cross motion 14 for summary judgment. Signed by Judge Tanya S. Chutkan on 9/29/2019. (lctsc1) (Entered: 09/29/2019)
2019-09-29	26	ORDER granting Defendants' motion 10 for summary judgment; denying Plaintiff's cross motion 14 for summary judgment; and directing the Clerk of the Court to close this case. Signed by Judge Tanya S. Chutkan on 9/29/2019. (lctsc1) (Entered: 09/29/2019)
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