Case Detail

FOIA Project Annotation: Judge Royce Lamberth has ruled that the Department of Justice and the CIA properly withheld records concerning the indictment and conviction of former CIA officer John Kiriakou on charges that he had disclosed classified information about covert CIA officers and their role in the CIA's Rendition, Detention, and Interrogation program under several exemptions, including Exemption 1 (national security), Exemption 3 (other statutes), and Exemption 5 (privileges), Exemption 6 (invasion of privacy), and Exemption 7(C) (invasion of privacy concerning law enforcement records). In response to requests from the James Madison Project and reporter Ken Dilanian for records about the Kiriakou case, the agencies released 145 pages in full or in part. However, the CIA withheld its entire file, consisting of 205 pages, and the FBI withheld its entire investigative file, except for the publicly filed complaint, and DOJ withheld all of the grand jury proceedings. JMP and Dilanian challenged only the CIA's Exemption 1, Exemption 3, and Exemption 5 claims. JMP and Dilanian argued that the CIA's invocation of sources and methods was overbroad. Lamberth disagreed, noting that "the documents at issue concern the CIA's identification and investigation of unauthorized disclosures of classified information by a former CIA officer as well as the CIA's internal discussions and consultation with other agencies and agency components regarding the investigation and Mr. Kiriakou's ultimate arrest and prosecution. The intelligence activities, sources, and methods that the CIA withheld from these documents include counterintelligence investigation sources and techniques used to investigate the potential unauthorized disclosures, sensitive technical collection procedures used to conduct the investigation, and other information about CIA intelligence operations. Forcing the CIA to produce this information would mean forcing it to publicize details of certain CIA counterintelligence operations and other intelligence activities conduct abroad that are still classified." JMP and Dianian's challenge to the CIA's Exemption 3 claims yielded the same results. Here, Lamberth pointed out that "the information that the CIA has withheld consists of internal CIA and intra-agency communications regarding the Kiriakou investigation and prosecution as well as CIA records that would reveal sensitive technical means of conducting counterintelligence operations." JMP and Dilanian claimed that the communications from the CIA to DOJ containing its recommendation pertaining to a possible criminal investigation or prosecution was the CIA's final decision and not protected by the deliberative process privilege. Again, Lamberth disagreed, noting instead that "DOJ is not bound by the recommendations of the CIA regarding prosecution, meaning that the CIA's recommendations in this context were not final decisions and were merely advisory." JMP and Dilanian also challenged the FBI's decision to categorically withhold its investigative file on Kiriakou under Exemption 6 and Exemption 7(C). While Lamberth acknowledged the public interest in Kiriakou's case, he noted that "the Court is in no way making a finding that the government did not commit any misconduct in its prosecution of Mr. Kiriakou; however, plaintiffs have not provided evidence of that misconduct sufficient to warrant release of the investigative file. Essentially, the government has established that disclosing the FBI investigative file could reasonably be expected to constitute an unwarranted invasion of personal privacy, and plaintiffs have failed to provide evidence that the public's interest in the information outweighs such privacy concerns."
Issues: Exemption 3 - Statutory prohibition of disclosure, Exemption 1 - Harm to national security, Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 6 - Invasion of privacy, Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2016-02-11	1	COMPLAINT against CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-4409909) filed by THE JAMES MADISON PROJECT, KEN DILANIAN. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit LCvr 7.1 certification, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Moss, Bradley) (Entered: 02/11/2016)
2016-02-11		Case Assigned to Judge Royce C. Lamberth. (md) (Entered: 02/11/2016)
2016-02-12	2	SUMMONS (4) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Forms)(jd) (Entered: 02/12/2016)
2016-03-02	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/18/2016. Answer due for ALL FEDERAL DEFENDANTS by 3/19/2016. (Attachments: # 1 Exhibit Proof of Service - USADC)(Moss, Bradley) (Entered: 03/02/2016)
2016-03-02	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 2/18/2016 (Attachments: # 1 Exhibit Proof of Service - DOJ)(Moss, Bradley) (Entered: 03/02/2016)
2016-03-10	5	MOTION for Leave to File First Amended Complaint by JAMES MADISON PROJECT, KEN DILANIAN (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Text of Proposed Order)(Moss, Bradley) (Entered: 03/10/2016)
2016-03-14	6	ORDER; granting 5 Motion for Leave to File First Amended Complaint, Signed by Judge Royce C. Lamberth on 3/10/2016. (hs) (Entered: 03/14/2016)
2016-03-14	7	First AMENDED COMPLAINT against CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE filed by JAMES MADISON PROJECT, KEN DILANIAN.(zrdj) (Entered: 03/14/2016)
2016-03-14	8	NOTICE of Appearance by Kathryn Celia Davis on behalf of CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE (Davis, Kathryn) (Entered: 03/14/2016)
2016-03-21	9	Unopposed MOTION for Extension of Time to Respond to Plaintiffs' First Amended Complaint by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Davis, Kathryn) (Entered: 03/21/2016)
2016-03-24	10	ORDER granting 9 Motion for Extension of Time. Signed by Judge Royce C. Lamberth on March 24, 2016.(lcrcl3) (Entered: 03/24/2016)
2016-04-08	11	ANSWER to 7 Amended Complaint by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE. Related document: 7 Amended Complaint filed by KEN DILANIAN, JAMES MADISON PROJECT. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Davis, Kathryn) (Entered: 04/08/2016)
2016-04-18	12	ORDER: An answer having been filed herein in this case brought under the Freedom of Information Act, the defendants shall file any dispositive motions within 10 days of this date, or such time as the Court allows upon proper motion. Signed by Judge Royce C. Lamberth on 4/15/2016. (ad) (Entered: 04/18/2016)
2016-04-26	13	Unopposed MOTION to Stay Deadline to File Dispositive Motion and Consent Motion to Set Deadline for Submission of Joint Proposed Scheduling Order by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Davis, Kathryn) (Entered: 04/26/2016)
2016-04-28	14	ORDER granting 13 Unopposed Motion to Stay: Defendants' deadline to file any dispositive motion is stayed until such time as the Court enters a scheduling order governing the proceedings in this matter, including deadlines for briefing any dispositive motions. It is further ORDERED that the parties must file no later than 30 days from the date of this order, a joint proposed scheduling order, including deadlines for briefing any dispositive motions. Signed by Judge Royce C. Lamberth on 4/27/2016. (ad) (Entered: 04/28/2016)
2016-05-27	15	Unopposed MOTION for Extension of Time to Submit Joint Proposed Scheduling Order by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Davis, Kathryn) (Entered: 05/27/2016)
2016-06-03	16	ORDER granting 15 Unopposed Motion for Extension of Time to Submit Joint Proposed Scheduling Order; it is hereby ORDERED that the parties' deadline to file a joint proposed scheduling order, including deadlines for briefing any dispositive motions, is extended by 30 days until June 30, 2016. Signed by Judge Royce C. Lamberth on 6/1/2016. (tg) (Entered: 06/03/2016)
2016-06-30	17	Second MOTION for Extension of Time to Submit Joint Proposed Scheduling Order by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Davis, Kathryn) (Entered: 06/30/2016)
2016-06-30	18	Memorandum in opposition to re 17 Second MOTION for Extension of Time to Submit Joint Proposed Scheduling Order filed by KEN DILANIAN, JAMES MADISON PROJECT. (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 06/30/2016)
2016-07-01	19	REPLY to opposition to motion re 17 Second MOTION for Extension of Time to Submit Joint Proposed Scheduling Order filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE. (Davis, Kathryn) (Entered: 07/01/2016)
2016-07-05	20	ORDER granting 17 Motion for Extension of Time to Submit Joint Proposed Scheduling Order. The parties' deadline to file a joint if possible, separately if no agreement can be reached, proposed scheduling order, including deadlines for briefing any dispositive motions, is extended by 60 days until August 29, 2016. Signed by Judge Royce C. Lamberth on 7/5/2016. (tg) (Entered: 07/05/2016)
2016-08-29	21	NOTICE of Filing Joint Proposed Scheduling Order by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Davis, Kathryn) (Entered: 08/29/2016)
2016-09-09	22	ORDER: It is hereby ORDERED that the proceedings in this matter shall be governed by the following schedule: Defendant EOUSA will produce to Plaintiffs all responsive, non-exempt records that originated with EOUSA by October 31, 2016; Defendant CIA will produce to Plaintiffs all responsive, non-exempt records by February 28, 2017; Defendant FBI will produce to Plaintiffs all responsive, non-exempt records by February 28, 2017; Defendants will make rolling productions of documents on a monthly basis, beginning for Defendant EOUSA on September 29, 2016 and for Defendants CIA and FBI on November 15, 2016; and the parties will file a Joint Status Report no later than 60 days from the date of this order to update the Court about the production of records in this case, and to submit any other further recommendations regarding the schedule in this matter, if appropriate. Signed by Judge Royce C. Lamberth on 9/08/2016. (ad) (Entered: 09/09/2016)
2016-09-09		Set/Reset Deadlines: Defendant EOUSA will produce to Plaintiffs all responsive, non-exempt records that originated with EOUSA by 10/31/2016; Defendant CIA will produce to Plaintiffs all responsive, non-exempt records by 2/28/2017; Defendant FBI will produce to Plaintiffs all responsive, non-exempt records by 2/28/2017; Defendants will make rolling productions of documents on a monthly basis, beginning for Defendant EOUSA on 9/29/2016 and for Defendants CIA and FBI on 11/15/2016. (ad) (Entered: 09/09/2016)
2016-11-08	23	NOTICE OF SUBSTITUTION OF COUNSEL by Adam Christopher Siple on behalf of All Defendants Substituting for attorney Kathryn C. Davis (Siple, Adam) (Entered: 11/08/2016)
2016-11-08	24	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE. (Siple, Adam) (Entered: 11/08/2016)
2017-11-27	25	STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE. (Siple, Adam) (Entered: 11/27/2017)
2017-11-27	26	NOTICE of Appearance by Mark Steven Zaid on behalf of All Plaintiffs (Zaid, Mark) (Entered: 11/27/2017)
2017-12-22	27	ORDER adopting scheduling order outlined in 25 Status Report. Signed by Judge Royce C. Lamberth on 12/22/17. (lsj) (Entered: 12/22/2017)
2018-01-19	28	Consent MOTION for Extension of Time to Motion for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Siple, Adam) (Entered: 01/19/2018)
2018-01-24	29	ORDER granting 28 Motion for Extension of Time to. Signed by Judge Royce C. Lamberth on 1/24/2018. (lcrcl3) (Entered: 01/24/2018)
2018-01-25		Set/Reset Deadlines: Summary Judgment motions due by 2/28/2018. Response to Motion for Summary Judgment due by 3/28/2018. Reply to Motion for Summary Judgment due by 4/11/2018. Replies due by 4/25/2018. (lsj) (Entered: 01/25/2018)
2018-02-20	30	Consent MOTION for Extension of Time to file Motion for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Siple, Adam) (Entered: 02/20/2018)
2018-02-28	31	ORDER granting 30 Motion for Extension of Time to file Motion for Summary Judgment. Signed by Judge Royce C. Lamberth on 2/27/18. (lsj) (Entered: 02/28/2018)
2018-03-13	32	Consent MOTION for Extension of Time to File Motion for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Siple, Adam) (Entered: 03/13/2018)
2018-04-03	33	ORDER granting 32 Motion for Extension of Time to File Motion for Summary Judgment. Summary Judgment motions due by 4/20/2018. Response to Motion for Summary Judgment due by 5/18/2018. Reply to Motion for Summary Judgment due by 6/15/2018. Replies due by 6/29/2018. Signed by Judge Royce C. Lamberth on 3/30/18. (lsj) (Entered: 04/03/2018)
2018-04-17	34	Consent MOTION for Extension of Time to file for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Siple, Adam) (Entered: 04/17/2018)
2018-04-19	35	ORDER granting 34 Motion for Extension of Time to file Summary Judgment. Signed by Judge Royce C. Lamberth on 4/19/2018. (lcrcl3, ) Modified on 4/20/2018 (zlsj). (Entered: 04/19/2018)
2018-04-20		Set/Reset Deadlines: Summary Judgment motions due by 5/18/2018. Response to Motion for Summary Judgment due by 6/15/2018. Reply to Motion for Summary Judgment due by 7/13/2018. Plaintiff's Replies due by 8/10/2018. (lsj) (Entered: 04/20/2018)
2018-05-17	36	Consent MOTION for Extension of Time to file Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Siple, Adam) (Entered: 05/17/2018)
2018-05-18	37	ORDER granting 36 Motion for Extension of Time to File Motion for Summary Judgment. Signed by Judge Royce C. Lamberth on 5/17/18. (lsj) (Entered: 05/21/2018)
2018-06-06	38	Consent MOTION for Extension of Time to by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Siple, Adam) (Entered: 06/06/2018)
2018-06-21	39	ORDER granting 38 Motion for Extension of Time to File Motion for Summary Judgment. Signed by Judge Royce C. Lamberth on 6/20/18. (lsj) (Entered: 06/21/2018)
2018-06-21	40	Consent MOTION to Stay , by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Siple, Adam) Modified on 6/25/2018 to correct docket event/text (jf). (Entered: 06/21/2018)
2018-09-21	41	STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE. (Siple, Adam) (Entered: 09/21/2018)
2018-10-05	42	ORDER granting 40 Motion to Stay nunc pro tunc. Signed by Judge Royce C. Lamberth on 10/05/2018. (lcrcl3) (Entered: 10/05/2018)
2018-10-05	43	SCHEDULING ORDER: Defendants shall file their motion by 10/19/2018. Plaintiffs shall file their opposition or cross-motion by 11/16/2018. Defendants shall file their reply or opposition by 12/14/2018. Plaintiffs shall file any reply by 1/11/2019. Signed by Judge Royce C. Lamberth on 10/05/2018. (lcrcl3) (Entered: 10/05/2018)
2018-10-09		Set/Reset Deadlines: Summary Judgment motions due by 10/19/2018. Response to Motion for Summary Judgment due by 11/16/2018. Reply to Motion for Summary Judgment due by 12/14/2018. Replies due by 1/11/2019. (lsj) (Entered: 10/09/2018)
2018-10-19	44	Consent MOTION for Extension of Time to Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Siple, Adam) (Entered: 10/19/2018)
2018-11-16	45	NOTICE OF SUBSTITUTION OF COUNSEL by Kathryn L. Wyer on behalf of CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE Substituting for attorney Adam C. Siple (Wyer, Kathryn) (Entered: 11/16/2018)
2018-11-16	46	MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Patrick N. Findlay & Exhibits A-F, # 4 Declaration of Princina Stone, # 5 Stone Exhibit A (EOUSA Vaughn Index), # 6 Stone Exhibits B-I, # 7 Declaration of Tammy R. Zimmie, # 8 Declaration of Timothy A. Ziese, # 9 Declaration of David M. Hardy & Exhibits A-G, # 10 Declaration of Antoinette B. Shiner, # 11 Shiner Exhibit A (CIA Vaughn Index), # 12 Shiner Exhibits B-D, # 13 Text of Proposed Order)(Wyer, Kathryn) (Entered: 11/16/2018)
2018-11-26	47	ORDER granting Motion for Extension of Time 44 nunc pro tunc. Signed by Judge Royce C. Lamberth on 11/21/2018. (lcrcl3) (Main Document 47 replaced on 11/26/2018) (zlsj). (Entered: 11/26/2018)
2018-11-26		Set/Reset Deadlines: Plaintiffs' Opposition to Motion for Summary Judgment due by 12/14/2018. Defendants' Reply to Motion for Summary Judgment due by 1/18/2019. Plaintiff's reply due by 2/15/2019. (lsj) (Entered: 11/26/2018)
2018-12-10	48	Consent MOTION for Extension of Time to File Response/Reply to Defendants' Motion for Summary Judgment by KEN DILANIAN, JAMES MADISON PROJECT (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 12/10/2018)
2018-12-13	49	ORDER granting 48 Motion for Extension of Time to File Response/Reply re 46 MOTION for Summary Judgment. Responses due by 1/4/2019; Replies due by 2/8/2019. Signed by Judge Royce C. Lamberth on 12/12/2018. (lcrcl3) (Entered: 12/13/2018)
2018-12-31	50	MOTION for Extension of Time to File Response/Reply to Defendants' Motion for Summary Judgment by KEN DILANIAN, JAMES MADISON PROJECT (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 12/31/2018)
2019-01-16	51	ORDER granting 50 Motion for Extension of Time to File Response/Reply re 46 MOTION for Summary Judgment; Set/Reset Deadlines: Response due by 1/18/2019. Signed by Judge Royce C. Lamberth on 1/16/2019. (lcrcl2) (Entered: 01/16/2019)
2019-01-18	52	Memorandum in opposition to re 46 MOTION for Summary Judgment filed by KEN DILANIAN, JAMES MADISON PROJECT. (Attachments: # 1 Exhibit 1 - Moss Declaration, # 2 Statement of Facts Response, # 3 Text of Proposed Order)(Moss, Bradley) (Entered: 01/18/2019)
2019-01-24	53	WITHDRAWN PURSUANT COURT'S ORDER OF 2/1/2019....... MOTION to Stay Deadlines in Light of Lapse of Appropriations by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Wyer, Kathryn) Modified on 2/17/2019 (zcdw). (Entered: 01/24/2019)
2019-01-28	54	NOTICE of Restoration of Appropriations by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE re 53 MOTION to Stay Deadlines in Light of Lapse of Appropriations (Wyer, Kathryn) (Entered: 01/28/2019)
2019-01-29	55	Consent MOTION for Extension of Time to File Response/Reply as to 46 MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Wyer, Kathryn) (Entered: 01/29/2019)
2019-02-01	56	ORDER withdrawing 53 Motion to Stay. Signed by Judge Royce C. Lamberth on 2/1/2019. (lcrcl2) (Entered: 02/01/2019)
2019-02-01	57	ORDER granting 55 Motion for Extension of Time to File Response/Reply re 46 MOTION for Summary Judgment; Set/Reset Deadlines: Replies due by 2/28/2019. Signed by Judge Royce C. Lamberth on 2/1/2019. (lcrcl2) (Entered: 02/01/2019)
2019-02-28	58	REPLY to opposition to motion re 46 MOTION for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF JUSTICE. (Attachments: # 1 Supplemental Declaration of Antoinette B. Shiner)(Wyer, Kathryn) (Entered: 02/28/2019)
2020-01-15	59	MEMORANDUM OPINION. Signed by Judge Royce C. Lamberth on 01/15/2020. (lcrcl3) (Entered: 01/15/2020)
2020-01-15	60	ORDER granting 46 Motion for Summary Judgment in favor of defendants. The case is dismissed with prejudice. Signed by Judge Royce C. Lamberth on 01/15/2020. (lcrcl3) (Entered: 01/15/2020)
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