Case Detail

FOIA Project Annotation: On remand from the D.C. Circuit, Judge Gladys Kessler has ruled that records concerning executive pardons are protected by Exemption 5 (deliberative process privilege). Kessler had originally ruled that all such records were protected by the executive communications privilege, but the D.C. Circuit clarified her ruling to indicate that the executive communications privilege applied only to material provided to the President and his staff. Memoranda created at a lower level within the Justice Department did not qualify for the executive communications privilege, but, the D.C. Circuit pointed out, could qualify for the deliberative process privilege. After reviewing the agency's updated Vaughn index, Kessler indicated that it provided "sufficient detail to show that the documents withheld contain information which, if released, would provide insight into the deliberative process involved in processing pardon applications." Turning to segregability, Judicial Watch, the plaintiff, argued that the agency had redacted large portions of documents without explaining if non-exempt information had been segregated from exempt information. Kessler found the agency had indicated that it had reviewed the documents for segregability and pointed out that "while it is true that certain documents are almost entirely redacted, there is nothing in the record to indicate that such redactions are inappropriate. . . '[I]n some instances, "the disclosure of even purely factual material may so expose the deliberative process within an agency" that the material is appropriately held privileged.' That is precisely the case with respect to certain documents concerning pardon applications. . .In such documents, 'factual' information, which in other contexts might be segregable, could very well reveal the deliberative process of the Government."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative

Date Filed	Doc #	Docket Text
2001-03-23	1	COMPLAINT filed by plaintiff JUDICIAL WATCH, INC.; attachment (1) (bm) (Entered: 03/26/2001)
2001-03-23		SUMMONS (3) issued to federal party federal defendant DOJ , and non-parties: U.S. Attorney and U.S. Attorney General. (bm) (Entered: 03/26/2001)
2001-03-23	2	LCvR 26.1 Certificate of disclosure of corporate affiliations and financial interests by plaintiff JUDICIAL WATCH, INC. (bm) (Entered: 03/26/2001)
2001-04-05	3	ATTORNEY APPEARANCE for federal defendant DOJ by Gordon Michael Harvey (cjp) (Entered: 04/06/2001)
2001-04-20	4	MOTION (PARTIALLY UNOPPOSED) filed by federal defendant DOJ to extend time to 5/25/01 to answer complaint [1-1] (cdw) Modified on 04/23/2001 (Entered: 04/23/2001)
2001-04-24	5	ORDER by Judge Gladys Kessler : granting motion to extend time to 5/25/01 to answer complaint [1-1] [4-1] by DOJ ; Answer extended to 5/25/01 for DOJ (N) (pob) (Entered: 04/25/2001)
2001-05-21	6	INITIAL SCHEDULING ORDER by Judge Gladys Kessler status hearing set for 9:45 6/14/01 (N) (pob) (Entered: 05/21/2001)
2001-05-25	7	ANSWER TO COMPLAINT [1-1] by federal defendant DOJ . (bm) (Entered: 05/29/2001)
2001-06-19	8	MEET AND CONFER STATEMENT/REPORT PURSUANT TO L.R. 16 filed by plaintiff JUDICIAL WATCH, INC., federal defendant DOJ . (cjp) (Entered: 06/21/2001)
2001-06-21	9	MOTION filed by federal defendant DOJ to consolidate this case with 01CV0720 ; declarations (1) (cdw) (Entered: 06/22/2001)
2001-06-22		STATUS HEARING before Judge Gladys Kessler: motion for summary judgment due 8/29/01; response to motion for summary judgment due 9/29/01; reply motion for summary judgment due 10/15/01; case to be consolidated with CA 01-720. Reporter: Susan Tyner (pob) Modified on 06/22/2001 (Entered: 06/22/2001)
2001-06-22		*** ALL PLEADINGS WILL BE FILED AND DOCKETED IN CA 01-639 PURSUANT TO ORDER OF 6/22/01 *** (ks) (Entered: 06/25/2001)
2001-06-22	10	ORDER by Judge Gladys Kessler : granting motion to consolidate case CA 01-639 with CA 01-720 [9-1] by DOJ in 1:01-cv-00639, [6-1] by DOJ in 1:01-cv-00720 (N) (ks) (Entered: 06/25/2001)
2001-06-25	11	ORDER by Judge Gladys Kessler: motion for summary judgment due 8/29/02; response to motion for summary judgment due 9/29/01; reply motion for summary judgment due 10/15/01 (N) (pob) (Entered: 06/25/2001)
2001-07-16	12	JOINT MOTION by plaintiff JUDICIAL WATCH, INC. in 1:01-cv-00639, federal defendant DOJ in 1:01-cv-00639 to alter briefing schedule (cjp) (Entered: 07/18/2001)
2001-07-17	13	ORDER by Judge Gladys Kessler : granting joint motion to alter briefing schedule [12-1] by DOJ, JUDICIAL WATCH, INC. in 1:01-cv-00639; defendant shall file their brief on the fee waiver issue by 8/3/01; response due 8/31/01; reply due 9/14/01. (N) (pob) (Entered: 07/18/2001)
2001-07-18		CASE REASSIGNED to Judge Gladys Kessler (td) (Entered: 07/18/2001)
2001-08-03	14	MOTION filed by federal defendant DOJ in 1:01-cv-00639 for summary judgment in 01cv720 , and stay of proceedings in 01cv639 ; attachments (9) (td) (Entered: 08/07/2001)
2001-08-17	15	MOTION (unopposed) filed by plaintiff JUDICIAL WATCH, INC. in 1:01-cv-00639 to extend time to 8/24/01 in which to submit its response to defendant's motion for summary judgment and stay of proceedings. (td) (Entered: 08/20/2001)
2001-08-21	16	ORDER by Judge Gladys Kessler : granting motion to extend time to 8/24/01 in which to submit its response to defendant's motion for summary judgment and stay of proceedings. [15-1] by JUDICIAL WATCH, INC. in 1:01-cv-00639 (N) (pob) (Entered: 08/21/2001)
2001-08-24	17	RESPONSE by plaintiff JUDICIAL WATCH, INC. in 1:01-cv-00639 in opposition to defendant's motion for summary judgment in 01cv720 [14-1] by DOJ, motion stay of proceedings in 01cv639 [14-2]; attachments (5) (td) Modified on 08/28/2001 (Entered: 08/28/2001)
2001-09-14	18	MOTION (UNOPPOSED) filed by federal defendant DOJ in 1:01-cv-00639 to extend time to 9/20/01 to file a reply brief in support of its motion for summary judgment (cjp) (Entered: 09/17/2001)
2001-09-18	19	ORDER by Judge Gladys Kessler: granting motion to extend time to 9/20/01 to file a reply brief in support of its motion for summary judgment [18-1] by DOJ reply to motion for summary judgment due by 9/20/01 in 1:01-cv-00639, in 1:01-cv-00720 ; in 1:01-cv-00639 (N) (pob) (Entered: 09/18/2001)
2001-09-20	20	REPLY by federal defendant DOJ in 1:01-cv-00639 in support of motion for summary judgment in 01cv720 [14-1] and stay of proceedings in 01cv639 [14-2] by DOJ; exhibit (1) (cjp) (Entered: 09/21/2001)
2002-03-22	21	MEMORANDUM OPINION by Judge Gladys Kessler (N) (tth) (Entered: 03/22/2002)
2002-03-22	22	ORDER by Judge Gladys Kessler : denying without prejudice motion for summary judgment in 01cv720 [14-1] by DOJ in 1:01-cv-00639, denying motion to stay of proceedings in 01cv639 [14-2] by DOJ in 1:01-cv-00639; parties shall submit a Praecipe in 01-CV-639 by 4/5/02, informing the Court as to the status of the case; parties shall submit a Praecipe in 01-CV-720 by 4/22/02, informing the Court as to the status of Plaintiff's FOIA request. (N) (tth) Modified on 10/30/2002 (Entered: 03/22/2002)
2002-03-28	23	MOTION (UNOPPOSED) filed by federal defendant DOJ in 1:01-cv-00639 to extend time to 4/22/02 to file a proposed summaru judgment briefing schedule (cdw) (Entered: 04/01/2002)
2002-03-28	24	JOINT STATUS REPORT by plaintiff JUDICIAL WATCH, INC. in 1:01-cv-00639, federal defendant DOJ in 1:01-cv-00639; exhibits (1) (cdw) (Entered: 04/01/2002)
2002-04-12	25	ORDER by Judge Gladys Kessler : granting motion to extend time to 4/22/02 to file a proposed summaru judgment briefing schedule [23-1] by DOJ in 1:01-cv-00639 (N) (tth) (Entered: 04/12/2002)
2002-04-18	26	MOTION filed by federal defendant DOJ in 1:01-cv-00639 for reconsideration of order [22-1] denying without prejudice its previous motion for summary judgment , or, alternatively, for renewed summary judgment ; Attachments (13) (nmr) (Entered: 04/19/2002)
2002-04-22	27	STATUS REPORT by plaintiff JUDICIAL WATCH, INC. in 1:01-cv-00639, federal defendant DOJ in 1:01-cv-00639, plaintiff JUDICIAL WATCH, INC. in 1:01-cv-00720, federal defendant DOJ in 1:01-cv-00720 (cdw) (Entered: 04/25/2002)
2002-04-24	28	ORDER by Judge Gladys Kessler : motion and brief for summary judgment due 7/22/02 in 1:01-cv-00639, in 1:01-cv-00720 ; response to motion for summary judgment due 8/22/02 in 1:01-cv-00639, in 1:01-cv-00720 reply motion for summary judgment due 9/12/02 in 1:01-cv-00639, in 1:01-cv-00720 ; (N) (tth) (Entered: 04/26/2002)
2002-05-06	29	ORDER by Judge Gladys Kessler : granting motion to extend time to 5/16/02 to file opposition to defendant's motion for reconsideration [16-1] by JUDICIAL WATCH, INC. response to motion due by 5/16/02 in 1:01-cv-00720, in 1:01-cv-00639 ; reply to motion due by 5/30/02 in 1:01-cv-00720, in 1:01-cv-00639; in 1:01-cv-00720 (N) (tth) (Entered: 05/06/2002)
2002-05-30	30	REPLY by federal defendant DOJ in 1:01-cv-00639 to response in opposition to motion for reconsideration of order [22-1] denying without prejudice its previous motion for summary judgment [26-1] by DOJ, motion for renewed summary judgment [26-2] by DOJ; Attachment (1). (ks) (Entered: 07/02/2002)
2002-07-16	31	MOTION (UNOPPOSED) filed by federal defendant DOJ in 1:01-cv-00639 to extend time to file its motion for summary judgment (cdw) (Entered: 07/17/2002)
2002-07-22	32	ORDER by Judge Gladys Kessler : granting motion to extend time to file its motion for summary judgment [31-1] by DOJ motion for summary judgment due by 8/12/02 in 1:01-cv-00639, in 1:01-cv-00720 ; response to motion for summary judgment due 9/12/02 in 1:01-cv-00639, in 1:01-cv-00720 ; reply to motion for summary judgment due by 10/3/02 in 1:01-cv-00639, in 1:01-cv-00720 ; in 1:01-cv-00639 (N) (tth) (Entered: 07/23/2002)
2002-08-12	33	MOTION filed by federal defendant DOJ in 1:01-cv-00639 for summary judgment ; exhibits (10); declarations (5) (mpt) (Entered: 08/14/2002)
2002-08-30	34	ERRATA by federal defendant DOJ in 1:01-cv-00639 correcting a printing error in its Memorandum in Support of its Motion for Summary Judgment filed 8/12/02. (nmr) (Entered: 09/03/2002)
2002-09-12	35	MOTION (UNOPPOSED) filed by plaintiff JUDICIAL WATCH, INC. for extension of briefing schedule (cdw) (Entered: 09/16/2002)
2002-09-23	36	ORDER by Judge Gladys Kessler : granting motion for extension of briefing schedule [35-1] by JUDICIAL WATCH, INC.; response to dispositive motions due by 10/21/02 ; reply to dispositive motions due by 11/12/02 ; (N) (tb) (Entered: 09/24/2002)
2002-10-21	37	MOTION filed by plaintiff JUDICIAL WATCH, INC. in 1:01-cv-00639 to extend time to 10/28/02 in which to file an opposition to defendant's motion for summary judgment (bm) (Entered: 10/23/2002)
2002-10-23	38	ORDER by Judge Gladys Kessler : granting motion to extend time to 10/28/02 in which to file an opposition to defendant's motion for summary judgment [37-1] by JUDICIAL WATCH, INC. response to motion for summary judgment due 10/28/02 in 1:01-cv-00639, in 1:01-cv-00720 ; reply to motion for summary judgment due by 11/19/02 in 1:01-cv-00639, in 1:01-cv-00720 ; in 1:01-cv-00639 (N) (tth) (Entered: 10/24/2002)
2002-10-28	39	UNOPPOSED MOTION filed by plaintiff JUDICIAL WATCH, INC. in 1:01-cv-00639 to extend time to 10/31/02 to file opposition to defendant's motion for summary judgment (cdw) (Entered: 10/30/2002)
2002-10-29	40	ORDER by Judge Gladys Kessler : granting motion to extend time to 10/31/02 to file opposition to defendant's motion for summary judgment [39-1] by JUDICIAL WATCH, INC. response to motion for summary judgment due 10/31/02 in 1:01-cv-00639, in 1:01-cv-00720 ; reply to motion for summary judgment due by 11/22/02 in 1:01-cv-00639, in 1:01-cv-00720 ; in 1:01-cv-00639 (N) (tth) (Entered: 10/30/2002)
2002-10-31	41	RESPONSE by plaintiff JUDICIAL WATCH, INC. in 1:01-cv-00639 in opposition to motion for summary judgment [33-1] by DOJ; exhibits (1) (cdw) (Entered: 11/01/2002)
2002-11-22	42	REPLY by federal defendant DOJ in 1:01-cv-00639 in support of motion for summary judgment [33-1] by DOJ (cdw) (Entered: 11/26/2002)
2003-01-29	43	NOTICE OF CHANGE OF ADDRESS by John Russell Tyler in 1:01-cv-00639 representing federal defendant DOJ in 1:01-cv-00639. New address: DEPARTMENT OF JUSTICE, Civil Division, Fedearl Programs Branch, Room 7344 20 Massachusetts Avenue, Nw Washington DC 20530 (202) 514-2356. (cdw) (Entered: 01/31/2003)
2003-01-29		NOTICE OF CHANGE OF ADDRESS by Susan K. Ullman in 1:01-cv-00720 representing federal defendant DOJ in 1:01-cv-00720. New address: DEPARMENT OF JUSTICE, Civil Division, Federal Programs Branch, Room 7328 20 Massachusetts Avenue, NW Washington DC 20530 (202) 616-0680, new fax (202) 616-8202. (cdw) (Entered: 01/31/2003)
2003-03-28	44	MEMORANDUM OPINION by Judge Gladys Kessler (N) (ONLY RELATES TO CA 01-639) (tth) Modified on 03/31/2003 (Entered: 03/31/2003)
2003-03-28	45	ORDER by Judge Gladys Kessler: granting motion for summary judgment [33-1] by DOJ in 1:01-cv-00639 (N) (ONLY RELATES TO CA 01-639) (tth) Modified on 03/31/2003 (Entered: 03/31/2003)
2003-03-31	46	MEMORANDUM OPINION by Judge Gladys Kessler (N) (tth) (Entered: 04/01/2003)
2003-03-31	47	ORDER by Judge Gladys Kessler: granting motion for reconsideration of order [22-1] denying without prejudice its previous motion for summary judgment [26-1] by DOJ in 1:01-cv-00639 (N) (tth) (Entered: 04/01/2003)
2003-04-03	48	NOTICE OF APPEAL by plaintiff JUDICIAL WATCH, INC. in 1:01-cv-00639 from order [47-1] , entered on: 4/1/03; $5.00 filing fee, $100.00 docketing fee paid to US Treasury; copies mailed to all parties. (rje) (Entered: 04/07/2003)
2003-04-03		NOTICE OF APPEAL by plaintiff JUDICIAL WATCH, INC. in 1:01-cv-00720 from order [27-1] , entered on: 4/1/03; $5.00 filing fee, $100.00 docketing fee paid to US Treasury; copies mailed to all parties. (rje) (Entered: 04/07/2003)
2003-04-07		TRANSMITTED PRELIMINARY RECORD on appeal [48-1] by JUDICIAL WATCH, INC. to U.S. Court of Appeals (rje) (Entered: 04/07/2003)
2003-04-07		TRANSMITTED PRELIMINARY RECORD on appeal [28-1] by JUDICIAL WATCH, INC. to U.S. Court of Appeals (rje) (Entered: 04/07/2003)
2003-04-09		USCA # 03-5093 assigned for appeal [48-1] by JUDICIAL WATCH, INC. (rje) (Entered: 04/10/2003)
2004-07-30	49	USCA JUDGMENT (certified copy) as to 48 Notice of Appeal filed by JUDICIAL WATCH, INC.It is hereby ordered and adjudged that the judgment of the District Court appealed from in these causes is affirmed in part and reversed in part, and the case is remanded for further proceedings;USCA#03-5093 (jsc) (Entered: 08/11/2004)
2004-08-31	50	ORDER that parties shall submit to the Court a joint report indicating how they wish to proceed in these cases on remand; and it is further ORDERED: Status Conference set for 9/14/2004 09:30 AM in Courtroom 19 before Judge Gladys Kessler.. Signed by Judge Gladys Kessler on 8/31/04. Associated Cases: 1:01-cv-00639-GK,1:01-cv-00720-GK(CS, ) (Entered: 08/31/2004)
2004-09-13	51	STATUS REPORT Joint Report by JUDICIAL WATCH, INC., U.S. DEPARTMENT OF JUSTICE. Associated Cases: 1:01-cv-00639-GK,1:01-cv-00720-GK(Ullman, Susan) (Entered: 09/13/2004)
2004-09-14	52	ORDER setting forth the schedule by which Civil Action 01-639 shall proceed and dismissing Civil Action 01-720 . Signed by Judge Gladys Kessler on 9/14/04. Associated Cases: 1:01-cv-00639-GK,1:01-cv-00720-GK(CS, ) (Entered: 09/14/2004)
2004-09-14		Minute Entry for proceedings held before Judge Gladys Kessler: Status Conference held on 9/14/2004. Order to be presented. (Court Reporter Scott Wallace.) Associated Cases: 1:01-cv-00639-GK,1:01-cv-00720-GK(tth, ) (Entered: 09/15/2004)
2004-09-15	53	NOTICE by U.S. DEPARTMENT OF JUSTICE Notice of Substitution of Counsel Associated Cases: 1:01-cv-00639-GK,1:01-cv-00720-GK(Ullman, Susan) (Entered: 09/15/2004)
2005-01-26	54	Unopposed MOTION for Extension of Time to file a Dispositive Motion by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Ullman, Susan) (Entered: 01/26/2005)
2005-01-27		MINUTE ORDER granting 54 Defendant's Unopposed Motion for Extension of Time to File a Dispositive Motion; Defendant shall have up to and including February 17, 200t to file its dispositive motion. Signed by Judge Gladys Kessler on 1/27/05. (CS, ) (Entered: 01/27/2005)
2005-02-17	55	MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Pustay Declaration and Vaughn Index# 2 Adams Declaration# 3 Statement Of Material Facts As To Which There Is No Genuine Issue# 4 Text of Proposed Order)(Ullman, Susan) (Entered: 02/17/2005)
2005-02-25	56	Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Renewed Motion for Summary Judgment by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Orfanedes, Paul) (Entered: 02/25/2005)
2005-02-25		ORDER granting 56 Motion for Extension of Time to File Opposition to Defendant's Renewed Motion for Summary Judgment. It is hereby ORDERED that Plaintiff's Opposition shall be filed by March 10, 2005; it is further ORDERED that Defendant's Reply shall be filed by March 25, 2005. Signed by Judge Gladys Kessler on 2/25/05. (lcgk1, ) (Entered: 02/25/2005)
2005-03-10	57	Memorandum in opposition to motion re 55 filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1# 2 Text of Proposed Order)(Orfanedes, Paul) (Entered: 03/10/2005)
2005-03-24	58	REPLY Defendant's Reply Brief in Support of its Renewed Motion for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit)(Ullman, Susan) (Entered: 03/24/2005)
2006-07-19	59	ORDER granting 55 Defendant's Renewed Motion for Summary Judgment . Signed by Judge Gladys Kessler on 7/19/06. (CS, ) (Entered: 07/19/2006)
2006-07-19	60	MEMORANDUM OPINION to Defendant's Renewed Motion for Summary Judgment. Signed by Judge Gladys Kessler on 7/19/06. (CS, ) (Entered: 07/19/2006)
2006-08-02	61	WITHDRAWN PURSUANT TO NOTICE FILED BY THE PLAINTIFF ON 9/28/06..... MOTION for Attorney Fees and Litigation Expenses by JUDICIAL WATCH, INC. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Text of Proposed Order)(Orfanedes, Paul) Modified on 10/2/2006 (tth, ). (Entered: 08/02/2006)
2006-08-04	62	Unopposed MOTION for Extension of Time to file Opposition to Plaintiff's Motion for Attorneys Fees by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Ullman, Susan) (Entered: 08/04/2006)
2006-08-07		MINUTE ORDER granting 62 Defendant's Unopposed Motion for Extension of Time; Defendant shall have up to and including September 15, 2006 in which to file their opposition to Plaintiff's Motion for Attorney's Fees . Signed by Judge Gladys Kessler on 8/7/06. (CS, ) (Entered: 08/07/2006)
2006-08-07		Set/Reset Deadlines: Responses due by 9/15/2006 (CS, ) (Entered: 08/07/2006)
2006-09-13	63	Unopposed MOTION for Extension of Time to Defendant's Unopposed Motion for a Second Extension of Time to File an Opposition to Plaintiff's Motion for Attorney's Fees by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Ullman, Susan) (Entered: 09/13/2006)
2006-09-14		MINUTE ORDER granting 63 Defendant's Unopposed Motion for Extension of Time; Defendant shall have up to and including September 29, 2006 in which to file its Opposition to Plaintiff's Motion for Attorney's Fees . Signed by Judge Gladys Kessler on 9/14/06. (CS, ) (Entered: 09/14/2006)
2006-09-14		Set/Reset Deadlines: Responses due by 9/29/2006 (CS, ) (Entered: 09/14/2006)
2006-09-28	64	NOTICE OF WITHDRAWAL OF MOTION by JUDICIAL WATCH, INC. re 61 MOTION for Attorney Fees and Litigation Expenses (Orfanedes, Paul) (Entered: 09/28/2006)
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