Case Detail

FOIA Project Annotation: Judge Richard Leon has ruled that the State Department properly invoked Exemption 3 (other statutes) and Exemption 5 (deliberative process privilege) in withholding visa information about an alleged Mexican drug smuggler who was allowed into the U.S. to testify against two U.S. Border Patrol agents who had shot and wounded the smuggler. Leon agreed that State had identified a legitimate Exemption 3 statuteâ€"the Immigration and Naturalization Actâ€"and that visa records were of the kind that fell within the exemption. Dismissing Judicial Watch's arguments, he observed that "Judicial Watch, not surprisingly, argues that the government needs to provide additional information about these documents to justify withholding. I disagree, The State Department not only described the general contents and purposes of the visa database, but it also described the documents individually." Turning to the agency's segregation obligations, he noted that 'the State Department complied with its obligations here, having found that the documents may not be segregated and released because the records all 'pertain in their entirety to visa issuance and refusal.'" Leon found that notes taken by agency staff in preparation for congressional testimony were protected by Exemption 5. Judicial Watch argued the agency had to show a specific harm from disclosure. Leon disagreed, noting that "the State Department has not only provided sufficiently detailed information about the documents and its reason for withholding certain portions of the seven page document, but also explained that 'release of this information would reveal pre-decisional, deliberative processes and thoughts of the individuals who participated and assisted in the search for evidentiary material in his investigation.'" Leon also agreed that the notes were protected by Exemption 7(E) (investigatory methods and techniques) because they pertained to investigations of "criminal wrongdoing and administrative misconduct" by government employees. He pointed out that "although Judicial Watch seeks from the government greater detail regarding the applicability of this exemption, requiring greater specificity would necessarily undermine the investigation."
Issues: Exemption 3 - Limited agency discretion, Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 7(E) - Investigative methods or techniques

Date Filed	Doc #	Docket Text
2008-06-13	1	COMPLAINT against U.S. DEPARTMENT OF STATE ( Filing fee $ 350, receipt number 4616013008) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 06/17/2008)
2008-06-13		SUMMONS (3) Issued as to U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General. (jf, ) (Entered: 06/17/2008)
2008-06-13	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (jf, ) (Entered: 06/17/2008)
2008-06-19	3	STANDING ORDER. Signed by Judge Richard J. Leon on 6/19/2008. (lcrjl1) (Entered: 06/19/2008)
2008-07-01	4	NOTICE of Appearance by Jason B. Aldrich on behalf of JUDICIAL WATCH, INC. (Aldrich, Jason) (Entered: 07/01/2008)
2008-07-18	5	NOTICE of Appearance by Alan Burch on behalf of U.S. DEPARTMENT OF STATE (Burch, Alan) (Entered: 07/18/2008)
2008-07-21	6	ANSWER to 1 Complaint by U.S. DEPARTMENT OF STATE. Related document: 1 Complaint filed by JUDICIAL WATCH, INC..(Burch, Alan) (Entered: 07/21/2008)
2008-08-04	7	Consent MOTION for Order to set Briefing Schedule for Summary Judgment by U.S. DEPARTMENT OF STATE (Burch, Alan) (Entered: 08/04/2008)
2008-08-06		MINUTE ORDER granting 7 Consent MOTION for Order to set Briefing Schedule for Summary Judgment. It is hereby ORDERED that defendant's motion for summary judgment is due September 30, 2008, plaintiff's opposition is due October 30, 2008, and defendant's reply is due November 17, 2008. Signed by Judge Richard J. Leon on 08/06/2008. (lcrjl1) (Entered: 08/06/2008)
2008-08-06		Set/Reset Deadlines. Defendant's motion for Summary Judgment due by 9/30/2008. Plaintiff's opposition due by 10/30/2008. Defendant's Reply due by 11/17/2008. (kc) (Entered: 08/06/2008)
2008-09-29	8	Consent MOTION for Extension of Time to File Motion for Summary Judgment, Opposition thereto, and Reply by U.S. DEPARTMENT OF STATE (Burch, Alan) (Entered: 09/29/2008)
2008-10-02		MINUTE ORDER granting nunc pro tunc 8 Consent MOTION for Extension of Time to File Motion for Summary Judgment, Opposition thereto, and Reply by U.S. DEPARTMENT OF STATE. It is hereby ORDERED that defendant's motion for summary judgment is due on or before October 14, 2008, plaintiff's opposition is due on or before November 13, 2008, and defendant's reply is due on or before December 1, 2008. Signed by Judge Richard J. Leon on 10/02/2008. (lcrjl1) (Entered: 10/02/2008)
2008-10-03		Set/Reset Deadlines: Defendant's Summary Judgment motion due by 10/14/2008. Plaintiff's Opposition to Motion for Summary Judgment due by 11/13/2008. Defendant's Reply due by 12/1/2008. (kc) (Entered: 10/03/2008)
2008-10-14	9	Consent MOTION for Extension of Time to File Motion Summary Judgment, Opposition, and Reply by U.S. DEPARTMENT OF STATE (Burch, Alan) (Entered: 10/14/2008)
2008-10-17		MINUTE ORDER granting nunc pro tunc 9 Consent MOTION for Extension of Time to File Motion Summary Judgment, Opposition, and Reply by U.S. DEPARTMENT OF STATE. It is hereby ORDERED that the motion is GRANTED and it is further ORDERED that defendant's motion for summary judgment is due on or before October 21, 2008, plaintiff's opposition is due on or before November 20, 2008, and defendant's reply is due on or before December 8, 2008. Signed by Judge Richard J. Leon on 10/17/2008. (lcrjl1) (Entered: 10/17/2008)
2008-10-17		Set/Reset Deadlines: Defendant's Summary Judgment motions due by 10/21/2008. Plaintiff's Opposition due by 11/20/2008. Defendant's Reply due by 12/8/2008. (kc) (Entered: 10/17/2008)
2008-10-21	10	MOTION for Summary Judgment & Supporting Memorandum and Statement of Material Facts by U.S. DEPARTMENT OF STATE (Attachments: # 1 Exhibit agency declaration, # 2 Exhibit letter from plaintiff counsel)(Burch, Alan) (Entered: 10/21/2008)
2008-11-20	11	First MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Summary Judgment by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order Proposed Order)(Aldrich, Jason) (Entered: 11/20/2008)
2008-11-21	12	Supplemental MOTION for Extension of Time to file opposition to Defendant's Motion for Summary Judgment by JUDICIAL WATCH, INC. (Aldrich, Jason) (Entered: 11/21/2008)
2008-11-21	13	Memorandum in opposition to re 10 MOTION for Summary Judgment & Supporting Memorandum and Statement of Material Facts (With Statement of Material Facts) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Aldrich, Jason) (Entered: 11/21/2008)
2008-11-24		NOTICE OF ERROR re 12 Motion for Extension of Time to; emailed to jaldrich@judicialwatch.org, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Leave to file not yet requested and/or granted, 2. Counsel is directed for FUTURE FILINGS to attach document to Motion (jf, ) (Entered: 11/24/2008)
2008-11-25		MINUTE ORDER granting nunc pro tunc 11 First MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Summary Judgment by JUDICIAL WATCH, INC. It is hereby ORDERED that plaintiff's motion for a one-day extension of time in which to file its opposition to defendant's motion for summary judgment is GRANTED. Signed by Judge Richard J. Leon on 11/25/2008. (lcrjl1) (Entered: 11/25/2008)
2008-12-08	14	REPLY to opposition to motion re 10 MOTION for Summary Judgment & Supporting Memorandum and Statement of Material Facts filed by U.S. DEPARTMENT OF STATE. (Burch, Alan) (Entered: 12/08/2008)
2009-07-09	15	NOTICE of Change of Address by Paul J. Orfanedes (Orfanedes, Paul) (Entered: 07/09/2009)
2009-07-09	16	NOTICE of Change of Address by Jason B. Aldrich (Aldrich, Jason) (Entered: 07/09/2009)
2009-09-04	17	MEMORANDUM OPINION granting the Government's motion 10 for summary judgment. Signed by Judge Richard J. Leon on 9/3/09. (kc) (Entered: 09/04/2009)
2009-09-04	18	ORDER granting Government's Motion 10 for Summary Judgment and dismissing case with prejudice. Signed by Judge Richard J. Leon on 9/3/09. (see order.) (kc) (Entered: 09/04/2009)
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