Case Detail

FOIA Project Annotation: Judge Emmet Sullivan has ruled that the Department of Justice properly responded to two FOIA requests from CREW for three spreadsheets concerning the costs of the Review conducted by John Durham, U.S. Attorney for the District of Connecticut, into allegations of impropriety during the investigation into whether the Trump campaign had colluded with Russia during the 2016 presidential campaign. CREW's FOIA requests were sent to the Office of Information Policy and the Executive Office for U.S. Attorneys. OIP identified two spreadsheets as responsive. The first spreadsheet included the names, salaries, and home offices of the members of members of the Review, while the second spreadsheet identified travel information, including the identities of officials making the trip, the duration of the trip, and a breakdown of costs. OIP told CREW that it would withhold the two spreadsheets entirely under Exemption 7(A) (interference with ongoing investigation or proceeding). EOUSA told CREW that it had one responsive spreadsheet, containing the identities and salaries of the investigators for the Review, as well as information about travel expenses. EOUSA also told CREW that it would withhold the spreadsheet entirely under Exemption 7(A). Sullivan first found that OIP and EOUSA had conducted an adequate search, a finding that CREW had not challenged. Turning to the Exemption 7 (A) claim, Sullivan noted that "the Review needs to track the identities of its members as well as its travel and other expenses to maintain an organized investigation. Second, there is a connection between the records and a possible violation of federal law because the members of the Review â€" a law enforcement investigation being conducted by DOJ â€" are investigating possible violations of federal law." CREW argued that the records were too far removed from any law enforcement purpose. However, Sullivan explained that "here, DOJ has demonstrated that the records are directly related to activities in furtherance of the Review." CREW also argued that the records were created to process their FOIA requests by creating spreadsheets. Sullivan noted that "it is not fatal that DOJ has compiled information it stores elsewhere into spreadsheets to fulfill this FOIA request. The Supreme Court has instructed that 'information initially contained in a record made for law enforcement purposes continues to meet the threshold requirements of Exemption 7 where that recorded information is reproduced or summarized in a new document prepared for a non-law-enforcement purpose.'" Sullivan indicated that "there is no dispute that the Review constitutes a pending or reasonably anticipated law enforcement proceeding within the meaning of Exemption 7(A). An ongoing investigation that is likely to lead to future enforcement proceedings is enough to invoke the exemption." Sullivan also found that information identifying salaries and costs was properly protected under Exemption 7(A). CREW argued that it was "unaware of any way to extrapolate from salary information to the identity of a prosecutor or investigator." However, Sullivan indicated that "disclosure of individual salaries would disclose information about the scope and breadth of the Review. And because the members of the Review are compensated on a highly structured pay scale, disclosure of this information would provide the number of members of the Review, and from that information could likely be extrapolated the general professional credential of each member, such as attorney, investigator, paralegal, etc. Disclosure of this information logically could reveal at least the scope of the investigation."
Issues: Exemption 7(A) - Interference with ongoing investigation

Date Filed	Doc #	Docket Text
2020-01-27	1	COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number ADCDC-6769247) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Attorney, # 3 Summons U.S. Dep't of Justice, # 4 Summons Attorney General)(Weismann, Anne) (Entered: 01/27/2020)
2020-01-27	2	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Weismann, Anne) (Entered: 01/27/2020)
2020-01-28		Case Assigned to Judge Emmet G. Sullivan. (zsb) (Entered: 01/28/2020)
2020-01-28	3	SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrdj) (Entered: 01/28/2020)
2020-02-04	4	STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 02/04/20. (Attachment: Exhibit 1) (mac) (Entered: 02/04/2020)
2020-02-04	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 2/3/2020, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/3/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/3/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 3/4/2020.) (Weismann, Anne) (Entered: 02/04/2020)
2020-03-04	6	NOTICE of Appearance by Christopher Charles Hair on behalf of U.S. DEPARTMENT OF JUSTICE (Hair, Christopher) (Entered: 03/04/2020)
2020-03-04	7	ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Hair, Christopher) (Entered: 03/04/2020)
2020-04-01		MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than April 24, 2020. The parties' joint proposed scheduling order shall address the following: (1) The status of Plaintiff's FOIA requests; (2) The anticipated number of documents responsive to Plaintiff's FOIA requests; (3) The anticipated date(s) for release of documents responsive to Plaintiff's FOIA requests; (4) Whether a motion for an Open America stay is likely in this case; (5) Whether a Vaughn index will be required in this case; (6) Whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) A proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on 4/1/2020. (lcegs3) (Entered: 04/01/2020)
2020-04-02		Set/Reset Deadlines: Joint Scheduling Order due by 4/24/2020 (mac) (Entered: 04/02/2020)
2020-04-24	8	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Hair, Christopher) (Entered: 04/24/2020)
2020-04-27		MINUTE ORDER. In view of the 8 Joint Status Report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than June 8, 2020. Signed by Judge Emmet G. Sullivan on 4/27/2020. (lcegs3) (Entered: 04/27/2020)
2020-04-28		Set/Reset Deadlines: Joint Status Report due by 6/8/2020. (mac) (Entered: 04/28/2020)
2020-06-08	9	NOTICE of Appearance by Conor M. Shaw on behalf of CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Shaw, Conor) (Entered: 06/08/2020)
2020-06-08	10	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Hair, Christopher) (Entered: 06/08/2020)
2020-06-10		MINUTE ORDER. In view of 10 Joint Status Report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than July 8, 2020. Signed by Judge Emmet G. Sullivan on 6/10/2020. (lcegs3) (Entered: 06/10/2020)
2020-06-11		Set/Reset Deadlines: Joint Status Report due by 7/8/2020. (mac) (Entered: 06/11/2020)
2020-07-08	11	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Hair, Christopher) (Entered: 07/08/2020)
2020-07-09		MINUTE ORDER. In view of 11 joint status report, the parties are directed to comply with the following briefing schedule: the government's motion for summary judgment shall be filed no later than September 2, 2020. Plaintiff Citizens for Responsibility and Ethics in Washington's ("CREW") opposition shall be filed no later than September 23, 2020. If CREW chooses to file a cross-motion, it shall be combined with the opposition and filed on the same date. The government's reply and, if applicable, combined opposition shall be filed no later than October 7, 2020. CREW's reply, if applicable, shall be filed no later than October 21, 2020. Signed by Judge Emmet G. Sullivan on 7/9/2020. (lcegs3) (Entered: 07/09/2020)
2020-07-10		Set/Reset Deadlines: Government's Motion For Summary Judgment due by 9/2/2020. Plaintiff ("CREW") Opposition, If Any, Cross-Motion Shall Be Combined With The Opposition due by 9/23/2020. Government Reply, And If Any, Combined Opposition due by 10/7/2020. ("CREW") Reply, If Applicable, due by 10/21/2020 (mac) (Entered: 07/10/2020)
2020-08-21	12	NOTICE OF SUBSTITUTION OF COUNSEL by Kathleene A. Molen on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney Christopher C. Hair (Molen, Kathleene) (Entered: 08/21/2020)
2020-08-24	13	NOTICE OF SUBSTITUTION OF COUNSEL by Anne L. Weismann on behalf of CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON Substituting for attorney Anne L. Weismann (Weismann, Anne) (Entered: 08/24/2020)
2020-08-24	14	NOTICE OF SUBSTITUTION OF COUNSEL by Adam J. Rappaport on behalf of CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON Substituting for attorney Anne Weismann (Rappaport, Adam) (Entered: 08/24/2020)
2020-08-28	15	Unopposed MOTION to Modify Briefing Schedule by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 08/28/2020)
2020-08-28		MINUTE ORDER granting 15 unopposed motion to modify briefing schedule. The parties are directed to adhere to the following modified briefing schedule: the government's motion for summary judgment shall be filed no later than September 11, 2020. Plaintiff Citizens for Responsibility and Ethics in Washington's ("CREW") opposition shall be filed no later than October 2, 2020. If CREW chooses to file a cross-motion, it shall be combined with the opposition and filed on the same date. The government's reply and, if applicable, combined opposition shall be filed no later than October 16, 2020. CREW's reply, if applicable, shall be filed no later than October 30, 2020. Signed by Judge Emmet G. Sullivan on 8/28/2020. (lcegs3) (Entered: 08/28/2020)
2020-08-28		Set/Reset Deadlines: Government's Motion For Summary Judgment due by 9/11/2020. Plaintiff Citizens For Responsibility And Ethics In Washington's ("CREW") Opposition And If CREW chooses to file a cross-motion due by 10/02/2020. Government's Reply And, If Applicable, Combined Opposition due by 10/16/2020. CREW's Reply, If Applicable, due by 10/30/2020. (mac) (Entered: 08/28/2020)
2020-09-11	16	MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Vanessa R. Brinkmann, # 4 Declaration Vinay J. Jolly, # 5 Declaration John W. Larson, # 6 Appendix Exhibits, # 7 Exhibit A, # 8 Exhibit B, # 9 Exhibit C, # 10 Exhibit D, # 11 Exhibit E, # 12 Exhibit F, # 13 Exhibit G, # 14 Exhibit H, # 15 Exhibit I, # 16 Exhibit 1, # 17 Exhibit 2, # 18 Text of Proposed Order)(Molen, Kathleene) (Entered: 09/11/2020)
2020-09-22	17	Unopposed MOTION to Modify briefing schedule by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Text of Proposed Order)(Shaw, Conor) (Entered: 09/22/2020)
2020-09-23		MINUTE ORDER granting 17 unopposed motion to modify briefing schedule. The parties are directed to adhere to the following briefing schedule: Plaintiff Citizens for Responsibility and Ethics in Washington's ("CREW") opposition shall be filed no later than October 16, 2020. If CREW chooses to file a cross-motion, it shall be combined with the opposition and filed on the same date. The government's reply and, if applicable, combined opposition shall be filed no later than October 30, 2020. CREW's reply, if applicable, shall be filed no later than November 13, 2020. Signed by Judge Emmet G. Sullivan on 9/23/2020. (lcegs3) (Entered: 09/23/2020)
2020-09-23		Set/Reset Deadlines: Plaintiff Citizens for Responsibility and Ethics in Washington's ("CREW") Opposition Or, If Any Cross-Motion due by 10/16/2020. Government's Reply And, If Applicable, Combined Opposition due y 10/30/2020. CREW's Reply, If Applicable, due by 11/13/2020. (mac) (Entered: 09/23/2020)
2020-10-16	18	Cross MOTION for Partial Summary Judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Shaw, Conor) (Entered: 10/16/2020)
2020-10-16	19	Memorandum in opposition to re 16 MOTION for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (See Docket Entry 18 to view document). (znmw) (Entered: 10/22/2020)
2020-10-27	20	Unopposed MOTION to Modify Briefing Schedule by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 10/27/2020)
2020-10-27		MINUTE ORDER granting 20 unopposed motion to modify briefing schedule. The parties shall adhere to the following modified briefing schedule: (1) Defendant's combined opposition and reply shall be filed by no later than November 6, 2020; and (2) Plaintiff's reply shall be filed by no later than November 20, 2020. Signed by Judge Emmet G. Sullivan on 10/27/2020. (lcegs3) (Entered: 10/27/2020)
2020-10-28		Set/Reset Deadlines: (Defendant's Combined Opposition And Reply due by 11/06/2020. Plaintiff's Reply due by 11/20/2020.(mac) (Entered: 10/28/2020)
2020-11-06	21	REPLY to opposition to motion re 16 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts, # 2 Declaration Second Declaration Vinay Jolly, # 3 Text of Proposed Order)(Molen, Kathleene) (Entered: 11/06/2020)
2020-11-06	22	Memorandum in opposition to re 18 Cross MOTION for Partial Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts, # 2 Declaration Second Declaration Vinay Jolly, # 3 Text of Proposed Order)(Molen, Kathleene) (Entered: 11/06/2020)
2020-11-20	23	REPLY to opposition to motion re 18 Cross MOTION for Partial Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Shaw, Conor) (Entered: 11/20/2020)
2021-11-10	24	NOTICE OF SUBSTITUTION OF COUNSEL by Patricia K. McBride on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney Kathleen Molen (McBride, Patricia) (Entered: 11/10/2021)
2022-01-19	25	NOTICE OF WITHDRAWAL OF APPEARANCE as to CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. Attorney Conor M. Shaw terminated. (Shaw, Conor) (Entered: 01/19/2022)
2022-09-30	26	MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on 09/30/2022. (lcegs2) (Entered: 09/30/2022)
2022-09-30	27	ORDER granting 16 Motion for Summary Judgment; denying 18 Motion for Partial Summary Judgment. Signed by Judge Emmet G. Sullivan on 09/30/2022. (lcegs2) (Entered: 09/30/2022)
2022-09-30	28	JUDGMENT in favor of Defendant against Plaintiff. Signed by Judge Emmet G. Sullivan on 09/30/2022. (lcegs2) (Entered: 09/30/2022)
2022-10-03	29	CLERK'S JUDGMENT in favor of Defendant against Plaintiff. Signed by Judge Emmet G. Sullivan on 10/03/22. (mac) (Entered: 10/03/2022)
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