Case Detail

FOIA Project Annotation: Judge Carl Nichols has ruled that the Department of Justice properly responded to a FOIA request from Judicial Watch concerning the electronic communications that initiated an FBI counterintelligence investigation of President Trump's 2016 campaign. Judicial Watch submitted identical requests to the FBI and the Department of Justice's FOIA/PA Mail Referral Unit. The Department produced a single four-page document with a number of redactions. Judicial Watch did not contest the adequacy of the search, but instead challenged the exemption claims. DOJ decided to re-evaluate its exemption claims and disclosed one additional line from the document and clarified which exemptions applied to which redactions. Judicial Watch then narrowed its challenges to a subset of remaining redactions. Nichols then ordered DOJ to file a supplemental memorandum further explaining some redactions. The agency did so but Judicial Watch did not file a reply to the DOJ memo. DOJ withheld email addresses under Exemption 7(C)(invasion of privacy concerning law enforcement records). It agreed to release the name of Jonathan Moffa from the CC section, concluding that he was a high-ranking official acting in his official capacity, but resisted disclosing the email addresses of two non-executive employees â€" one of whom was a GS-14 supervisory agent, and the other of whom was a GS-15 Unit Chief in the National Security Cyber Law Branch. Neither had policy-making roles and had been CC'd on the document for general awareness. Nichols agreed that DOJ had shown that the redactions were justified. He pointed out that "those redactions are therefore not of the names of senior Department officials, but of mid-level civil servants. Neither official held a policy-making position." He rejected Judicial Watch's argument that there was a public interest in disclosure. He noted that "given the high-profile nature of this investigation, disclosure of the two names could reasonably lead to the officials being harassed with requests for unauthorized disclosures of information about the investigation, or even to their being targeted with violence." The FBI withheld the identity of a confidential source under Exemption 7(D) (confidential sources). He rejected Judicial Watch's argument that the publicity of the surrounding events favored disclosure. Instead, he pointed out that "simply because the events at issue have themselves been subject to publicity does not mean that the particular information that was redacted here has been publicly reported, nor does it follow that government confirmation of information already made public by other means would necessarily be harmless." Nichols also approved withholding the identity and location of FBI Counter-Intelligence Squads and participating legat offices under Exemption 7(E) (investigative methods or techniques). He pointed out that "the relevant inquiry is not whether the information poses a threat to this particular investigation, but to criminal investigative techniques generally."
Issues: Exemption 7 - Law enforcement records

Date Filed	Doc #	Docket Text
2019-09-13	1	COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-6377011) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Attorney for the District of Columbia, # 3 Summons U.S. Attorney General, # 4 Summons U.S. Department of Justice)(Orfanedes, Paul) (Entered: 09/13/2019)
2019-09-13	2	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Orfanedes, Paul) (Entered: 09/13/2019)
2019-09-16		Case Assigned to Judge Carl J. Nichols. (zeg) (Entered: 09/16/2019)
2019-09-16	3	SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 09/16/2019)
2019-09-23	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/23/2019. Answer due for ALL FEDERAL DEFENDANTS by 10/23/2019. (Attachments: # 1 Declaration of Cristina Rotaru)(Orfanedes, Paul) (Entered: 09/23/2019)
2019-09-23	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/23/19., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 9/23/2019. (See Docket Entry 4 to view document). (znmw) (Entered: 09/27/2019)
2019-09-30	6	NOTICE of Appearance by Chris Fedeli on behalf of JUDICIAL WATCH, INC. (Fedeli, Chris) (Entered: 09/30/2019)
2019-10-23	7	MOTION for Extension of Time to Respond to Plaintiff's Complaint by U.S. DEPARTMENT OF JUSTICE (Truong, John) (Entered: 10/23/2019)
2019-10-24		MINUTE ORDER. Upon consideration of Defendant's 7 Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED and that Defendant shall respond to the Complaint on or before November 22, 2019. Signed by Judge Carl J. Nichols on October 24, 2019. (lccjn1) (Entered: 10/24/2019)
2019-10-24		Set/Reset Deadlines: Defendant Response To The Complaint due by 11/22/2019, (mac) (Entered: 10/24/2019)
2019-11-21	8	ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Truong, John) (Entered: 11/21/2019)
2019-11-25		MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. The requirements of Local Civil Rule 16.3 and Federal Rule of Civil Procedure 26(f) appear to be inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before December 13, 2019. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on November 25, 2019. (lccjn1) (Entered: 11/25/2019)
2019-11-25		Set/Reset Deadlines: Joint Status Report due by 12/13/2019. (mac) (Entered: 11/25/2019)
2019-12-06	9	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Truong, John) (Entered: 12/06/2019)
2019-12-06		MINUTE ORDER. In light of the Parties' 9 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before March 6, 2020. Signed by Judge Carl J. Nichols on December 6, 2019. (lccjn2) (Entered: 12/06/2019)
2019-12-06		Set/Reset Deadlines/Hearings: Joint Status Report due by 3/6/2020. (zcdw) (Entered: 12/08/2019)
2020-02-27	10	STANDING ORDER. Signed by Judge Carl J. Nichols on February 27, 2020. (lccjn1) (Entered: 02/27/2020)
2020-03-02	11	Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Fedeli, Chris) (Entered: 03/02/2020)
2020-03-03		MINUTE ORDER. In light of the Parties' 11 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before April 7, 2020. Signed by Judge Carl J. Nichols on March 3, 2020. (lccjn1) (Entered: 03/03/2020)
2020-03-03		Set/Reset Deadlines/Hearings: Joint Status Report due by 4/7/2020. (zcdw) (Entered: 03/10/2020)
2020-04-03	12	Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Fedeli, Chris) (Entered: 04/03/2020)
2020-04-06		MINUTE ORDER. In light of the Parties' 12 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before June 8, 2020. Signed by Judge Carl J. Nichols on April 6, 2020. (lccjn1) (Entered: 04/06/2020)
2020-05-29	13	Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Fedeli, Chris) (Entered: 05/29/2020)
2020-06-02		MINUTE ORDER. In light of the Parties' 13 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before July 15, 2020. Signed by Judge Carl J. Nichols on June 2, 2020. (lccjn1) (Entered: 06/02/2020)
2020-06-04	14	NOTICE OF WITHDRAWAL OF APPEARANCE as to JUDICIAL WATCH, INC.. Attorney Chris Fedeli terminated. (Fedeli, Chris) (Entered: 06/04/2020)
2020-07-15	15	Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Orfanedes, Paul) (Entered: 07/15/2020)
2020-07-16		MINUTE ORDER. In light of the Parties' 15 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before August 28, 2020. Signed by Judge Carl J. Nichols on July 16, 2020. (lccjn1) (Entered: 07/16/2020)
2020-07-16		Set/Reset Deadlines: Joint Status Report due by 8/28/2020. (zcal) (Entered: 07/16/2020)
2020-08-05	16	NOTICE of Appearance by Lauren M. Burke on behalf of JUDICIAL WATCH, INC. (Burke, Lauren) (Main Document 16 replaced on 8/6/2020) (zeg). (Entered: 08/05/2020)
2020-08-28	17	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Truong, John) (Entered: 08/28/2020)
2020-08-29		MINUTE ORDER. Upon review of the Parties' 17 Joint Status Report, the Court hereby enters the following briefing schedule: Defendant shall file its Motion for Summary Judgment by November 23, 2020 ; Plaintiff shall file its Response and its Cross-Motion for Summary Judgment by December 23, 2020 ; Defendant shall file its Reply and Response by January 15, 2021 ; and Plaintiff shall file its Reply by February 8, 2021 . It is so ORDERED. Signed by Judge Carl J. Nichols on August 29, 2020. (lccjn2) (Entered: 08/29/2020)
2020-08-29		Set/Reset Deadlines: Summary Judgment motions due by 11/23/2020. Response to Motion for Summary Judgment due by 12/23/2020. Cross Motions due by 12/23/2020. Response to Cross Motions due by 1/15/2020. Reply to Motion for Summary Judgment due by 1/12/2021. Reply to Cross Motions due by 2/8/2021. (zcal) (Entered: 08/31/2020)
2020-11-18	18	Consent MOTION to Modify August 29, 2020 Briefing Schedule by U.S. DEPARTMENT OF JUSTICE (Truong, John) (Entered: 11/18/2020)
2020-11-23		MINUTE ORDER. Upon review of Defendant's 18 Consent Motion to Modify August 29, 2020 Briefing Schedule, it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that the following briefing schedule shall be adopted: Defendant shall file its Motion for Summary Judgment by December 14, 2020 ; Plaintiff shall file its Response and its Cross-Motion for Summary Judgment by January 14, 2021 ; Defendant shall file its Reply and Response by February 14, 2021 ; and Plaintiff shall file its Reply by March 1, 2021 . It is so ORDERED. Signed by Judge Carl J. Nichols on November 23, 2020. (lccjn1) (Entered: 11/23/2020)
2020-11-23		Set/Reset Deadlines: Summary Judgment motions due by 12/14/2020. Response to Motion for Summary Judgment due by 1/14/2020. Cross Motions due by 1/14/2021. Response to Cross Motions due by 2/14/2021. Reply to Motion for Summary Judgment due by 2/14/2021. Reply to Cross Motions due by 3/1/2021. (zcal) (Entered: 11/24/2020)
2020-12-14	19	MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of Michael G. Seidel, # 4 Gov. Exh. I)(Truong, John) (Entered: 12/14/2020)
2021-01-15	20	Memorandum in opposition to re 19 MOTION for Summary Judgment filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Affidavit of Kevin R. Brock, # 2 Text of Proposed Order)(Burke, Lauren) (Entered: 01/15/2021)
2021-01-15	21	Cross MOTION for Summary Judgment by JUDICIAL WATCH, INC. (Attachments: # 1 Affidavit of Kevin R. Brock, # 2 Text of Proposed Order)(Burke, Lauren) (Entered: 01/15/2021)
2021-02-05	22	Consent MOTION to Modify November 23, 2020 Briefing Schedule by U.S. DEPARTMENT OF JUSTICE. (Truong, John) (Entered: 02/05/2021)
2021-02-17		MINUTE ORDER. After review of Defendant's 22 Consent Motion to Modify November 23, 2020 Briefing Schedule, it is hereby ORDERED that Defendant shall file its Reply and Response by March 14, 2021, and Plaintiff shall file its Reply by April 1, 2021. Signed by Judge Carl J. Nichols on February 17, 2021. (lccjn1) (Entered: 02/17/2021)
2021-02-17		Set/Reset Deadlines: Response to Cross Motions due by 3/14/2021. Reply to Motion for Summary Judgment due by 3/14/2021. Reply to Cross Motions due by 4/1/2021. (zcal) (Entered: 02/18/2021)
2021-03-11	23	Consent MOTION to Modify February 17, 2021 Briefing Schedule by U.S. DEPARTMENT OF JUSTICE. (Truong, John) (Entered: 03/11/2021)
2021-03-19	24	Joint STATUS REPORT AND PROPOSED BRIEFING SCHEDULE by U.S. DEPARTMENT OF JUSTICE. (Truong, John) (Entered: 03/19/2021)
2021-04-20	25	Memorandum in opposition to re 21 Cross MOTION for Summary Judgment , 19 MOTION for Summary Judgment Supplemental filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Statement of Facts Plaintiff's Supplemental, # 2 Declaration Supplemental, # 3 Text of Proposed Order)(Burke, Lauren) (Entered: 04/20/2021)
2021-04-20	26	Cross MOTION for Summary Judgment Supplemental by JUDICIAL WATCH, INC.. (Attachments: # 1 Statement of Facts Plaintiff's Supplemental, # 2 Declaration, # 3 Text of Proposed Order)(Burke, Lauren) (Entered: 04/20/2021)
2021-05-14	27	Consent MOTION to Modify Briefing Schedule by U.S. DEPARTMENT OF JUSTICE. (Truong, John) (Entered: 05/14/2021)
2021-06-02	28	Consent MOTION for Extension of Time to File Response/Reply by U.S. DEPARTMENT OF JUSTICE. (Truong, John) (Entered: 06/02/2021)
2021-06-04		MINUTE ORDER. After review of Defendant's 28 Consent Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that Defendant's Reply and Opposition is due by June 8, 2021, and Plaintiff's Reply is due by July 9, 2021. Signed by Judge Carl J. Nichols on June 4, 2021. (lccjn1) (Entered: 06/04/2021)
2021-06-04		Set/Reset Deadlines: Response to Cross Motions due by 6/8/2021. Reply to Cross Motions due by 7/9/2021. Reply to Motion for Summary Judgment due by 6/8/2021. (zcal) (Entered: 06/07/2021)
2021-06-08	29	REPLY to opposition to motion re 19 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of Michael Seidel and Eric Stein)(Truong, John) (Entered: 06/08/2021)
2021-06-08	30	Memorandum in opposition to re 26 Cross MOTION for Summary Judgment Supplemental filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of Michael Seidel and Eric Stein)(Truong, John) (Entered: 06/08/2021)
2021-07-09	31	REPLY to opposition to motion re 21 Cross MOTION for Summary Judgment , 26 Cross MOTION for Summary Judgment Supplemental filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Affidavit Exhibit 1)(Burke, Lauren) (Entered: 07/09/2021)
2021-08-11		MINUTE ORDER. After review of the Parties' motions cross-motions for summary judgment, it is hereby ORDERED that the Parties shall appear for a hearing on the motions on September 9, 2021, at 11 a.m. Signed by Judge Carl J. Nichols on August 11, 2021. (lccjn1) (Entered: 08/11/2021)
2021-08-11		Set/Reset Hearings: Motion Hearing set for 9/9/2021 at 11:00 AM in Courtroom 19- In Person before Judge Carl J. Nichols. (zcal) (Entered: 08/11/2021)
2021-08-12	32	Consent MOTION to Modify Motions Hearing Date by U.S. DEPARTMENT OF JUSTICE. (Truong, John) (Entered: 08/12/2021)
2021-08-23		MINUTE ORDER. After review of the Parties' 32 Joint Motion to Modify the Scheduled Hearing Date, it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that the Parties shall appear before the Court on September 1, 2021, at 10 a.m. Signed by Judge Carl J. Nichols on August 23, 2021. (lccjn1) (Entered: 08/23/2021)
2021-08-23		Set/Reset Hearings: Motion Hearing RESET for 9/1/2021 at 10:00 AM in Courtroom 19- In Person before Judge Carl J. Nichols. (zcal) (Entered: 08/25/2021)
2021-09-01		Minute Order and Entry for Proceedings held before Judge Carl J. Nichols: Motion Hearing held on 9/1/2021 re 19 21 , and 26 . Motions taken under advisement. Defendant's notice to parties due by 9/3/2021. Court Reporter: Lorraine Herman. (zcal) (Entered: 09/01/2021)
2021-09-08		MINUTE ORDER. As discussed during the motions hearing on September 1, 2021, Defendant is ordered to re-process the FOIA Exemption imprinting by October 4, 2021. Thereafter the Parties shall meet and confer and file a Joint Status Report on or before October 18, 2021. Defendant's Motion for Summary Judgment 19 , Plaintiff's Cross Motion for Summary Judgment 21 , and Plaintiff's Supplemental Cross Motion for Summary Judgment 26 , are held in ABEYANCE pending receipt of the Parties' Joint Status Report. Signed by Judge Carl J. Nichols on September 8, 2021. (lccjn1) (Entered: 09/08/2021)
2021-09-08		Set/Reset Deadlines: Re-Process FOIA Exemption imprinting due by 10/4/2021. Joint Status Report due by 10/18/2021. (zcal) (Entered: 09/09/2021)
2021-09-08		Case Stayed pursuant to Minute Order filed 9/8/2021. (zcal) (Entered: 09/20/2021)
2021-10-18	33	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Truong, John) (Entered: 10/18/2021)
2022-05-02		MINUTE ORDER. Upon further consideration of Motions 19 , 21 , and 26 , it is ORDERED that the Defendant shall file, by May 16, 2022, a supplemental memorandum of up to 5 pages, supported by affidavit or declaration, explaining the positions and seniority held by any persons whose names are redacted from the "CC:" section of the document. It is further ORDERED that, to the extent the Defendant believes it is unable to file such a supplemental memorandum without effectively disclosing the identifies of any persons whose names have been redacted, the Defendant has leave to file the supplemental memorandum under seal and ex parte , along with a copy of the document with the "CC:" section unredacted for in camera review (all other redactions may be maintained). It is further ORDERED that Plaintiff may file a response, not to exceed five pages, to any public filing of the supplemental memorandum by May 23, 2022. Signed by Judge Carl J. Nichols on May 2, 2022. (lccjn1) (Entered: 05/02/2022)
2022-05-03	34	Consent MOTION for Extension of Time to File Supplemental Memorandum by U.S. DEPARTMENT OF JUSTICE. (Truong, John) (Entered: 05/03/2022)
2022-05-06		MINUTE ORDER. Upon consideration of the Defendant's 34 Consent Motion for an Extension of Time, it is ORDERED that the Motion is GRANTED. It is further ORDERED that Defendant's deadline to submit the Supplemental Memorandum required by the Court's May 2, 2022 Minute Order is extended through June 16, 2022. It is further ORDERED that Plaintiffs response, if any, shall be due by June 23, 2022. Signed by Judge Carl J. Nichols on May 6, 2022. (lccjn1) (Entered: 05/06/2022)
2022-06-16	35	RESPONSE TO ORDER OF THE COURT re Order,,,,, Set Deadlines/Hearings,,,, (Response to Court's May 2, 2022 Minute Order) filed by U.S. DEPARTMENT OF JUSTICE. (Truong, John) (Entered: 06/16/2022)
2022-07-25	36	MEMORANDUM OPINION re Motions 19 , 21 , and 26 . Signed by Judge Carl J. Nichols on July 25, 2022. (lccjn1) (Entered: 07/25/2022)
2022-07-25	37	ORDER re Motions 19 , 21 , and 26 . Signed by Judge Carl J. Nichols on July 25, 2022. (lccjn1) (Entered: 07/25/2022)
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