Case Detail

FOIA Project Annotation: Judge James Boasberg has ruled that the FBI has provided the necessary specific supplemental information to convince him that the agency conducted an adequate search and properly invoked several exemptions in response to a FOIA request from the Cato Institute for records about itself. In its request, the Cato Institute included a short list of terms that it wanted the FBI to search, as well as particular databases and locations that it wished to be searched. Regardless of the Cato Institute's request that it search specific databases, the FBI decided that its standard Central Records System was the appropriate location to search. Based on leads found in its search of CRS, the FBI also reached the digitized versions of the manual indices of 11 field offices. The search yielded 166 responsive pages. The agency withheld 88 pages entirely and disclosed 78 pages in full or in part. The agency withheld the vast majority of information under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). The Cato institute filed suit challenging both the search and the use of the privacy exemptions. The Cato Institute argued that the FBI should have searched its Guardian system because the Cato Institute had specifically asked that it be searched. However, Boasberg indicated that "but an express demand that an agency search a specific record system in a FOIA request does not automatically obligate an agency to do so. An agency 'generally need not "search every records system" in response to a FOIA request, but it must nevertheless continually "revise its assessment of what [constitutes a] 'reasonable search in a particular case to account for leads that emerge during its inquiry." Boasberg noted that "this is precisely what the FBI did here. The agency began with the database most likely to contain the information requested and then, upon discovery of leads that pointed to records outside of CRS, searched those as well." He added that "here the agency has met its burden in following all leads and clearly explaining its decision about the scope of the final search." As to the applicability of the privacy exemptions, Boasberg indicated that the dispute had narrowed as to whether the FBI had improperly withheld database printouts in their entirety. The FBI claimed it withheld the identities to protect their privacy. Boasberg pointed out that "plaintiff never counters that disclosure of such records would be in the public interest. This is in part because Cato lacks the identities of the withheld names to make such an argument. Regardless, under D.C. Circuit precedent, unless information identifying third parties 'is necessary in order to confirm or refute compelling evidence that the agency engages in illegal activity, such information is exempt from disclosure.' As there is no allegation of such misconduct here, Defendant's withholdings fit well within the ambit of Exemption 7(C) where individuals can be identified."
Issues: Adequacy - Search, Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2020-11-17	1	COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number ADCDC-7846140) filed by CATO INSTITUTE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet, # 5 Summons)(Burday, Joshua) (Entered: 11/17/2020)
2020-11-17	2	NOTICE of Appearance by Joshua Hart Burday on behalf of CATO INSTITUTE (Burday, Joshua) (Entered: 11/17/2020)
2020-11-17	3	NOTICE of Appearance by Matthew Topic on behalf of CATO INSTITUTE (Topic, Matthew) (Entered: 11/17/2020)
2020-11-18		Case Assigned to Judge James E. Boasberg. (zsb) (Entered: 11/18/2020)
2020-11-18	4	SUMMONS (4) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 11/18/2020)
2020-12-23	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 11/30/2020 (Burday, Joshua) (Entered: 12/23/2020)
2020-12-23	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 11/30/2020 (Burday, Joshua) (Entered: 12/23/2020)
2020-12-23	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/30/2020. (Burday, Joshua) (Entered: 12/23/2020)
2020-12-23	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/30/2020. Answer due for ALL FEDERAL DEFENDANTS by 12/30/2020. (Burday, Joshua) (Entered: 12/23/2020)
2020-12-30	9	NOTICE of Appearance by Tanya D. Senanayake on behalf of FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Senanayake, Tanya) (Entered: 12/30/2020)
2020-12-30	10	ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Senanayake, Tanya) (Entered: 12/30/2020)
2020-12-31		MINUTE ORDER: The Court ORDERS that the parties shall confer and submit a proposed briefing schedule by January 14, 2021. So ORDERED by Judge James E. Boasberg on 12/31/2020. (lcjeb2) (Entered: 12/31/2020)
2020-12-31		Set/Reset Deadlines: Proposed Briefing Schedule due by 1/14/2021. (znbn) (Entered: 01/06/2021)
2021-01-14	11	PROPOSED BRIEFING SCHEDULE (Joint Filing by Parties) by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Senanayake, Tanya) (Entered: 01/14/2021)
2021-01-14		MINUTE ORDER: The Court ADOPTS the parties' 11 Joint Status Report and ORDERS that they shall file a further joint status report by February 15, 2021. So ORDERED by Judge James E. Boasberg on 1/14/2021. (lcjeb2) (Entered: 01/14/2021)
2021-01-14		Set/Reset Deadlines: Joint Status Report due by 2/15/2021. (znbn) (Entered: 01/15/2021)
2021-02-15	12	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Senanayake, Tanya) (Entered: 02/15/2021)
2021-02-16		MINUTE ORDER: The Court ADOPTS the parties' 12 Joint Status Report and ORDERS that they shall file a further joint status report by March 17, 2021. So ORDERED by Judge James E. Boasberg on 2/16/2021. (lcjeb2) (Entered: 02/16/2021)
2021-02-16		Set/Reset Deadlines: Status Report due by 3/17/2021. (znbn) (Entered: 02/16/2021)
2021-03-17	13	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Senanayake, Tanya) (Entered: 03/17/2021)
2021-03-18		MINUTE ORDER: The Court ADOPTS the parties' 13 Joint Status Report and ORDERS that they shall file a further joint status report by July 7, 2021. So ORDERED by Judge James E. Boasberg on 3/18/2021. (lcjeb2) (Entered: 03/18/2021)
2021-03-18		Set/Reset Deadlines: Joint Status Report due by 7/7/2021. (nbn) (Entered: 03/18/2021)
2021-03-23	14	NOTICE of Appearance by Benjamin Thomas Takemoto on behalf of All Defendants (Takemoto, Benjamin) (Entered: 03/23/2021)
2021-03-24	15	NOTICE OF WITHDRAWAL OF APPEARANCE as to FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. Attorney Tanya D. Senanayake terminated. (Senanayake, Tanya) (Entered: 03/24/2021)
2021-07-01	16	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Takemoto, Benjamin) (Entered: 07/01/2021)
2021-07-02		MINUTE ORDER: The Court ADOPTS the parties' 16 Joint Status Report and ORDERS that they shall file a further joint status report by August 5, 2021. So ORDERED by Judge James E. Boasberg on 7/2/2021. (lcjeb2) (Entered: 07/02/2021)
2021-07-02		Set/Reset Deadlines: Joint Status Report due by 8/5/2021. (znbn) (Entered: 07/06/2021)
2021-08-05	17	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Takemoto, Benjamin) (Entered: 08/05/2021)
2021-08-06		MINUTE ORDER: The Court ADOPTS the parties' 17 Joint Status Report and ORDERS that they shall file a further joint status report by September 7, 2021. So ORDERED by Judge James E. Boasberg on 8/6/2021. (lcjeb2) (Entered: 08/06/2021)
2021-08-06		Set/Reset Deadlines: Status Report due by 9/7/2021. (znbn) (Entered: 08/06/2021)
2021-09-07	18	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Takemoto, Benjamin) (Entered: 09/07/2021)
2021-09-08		MINUTE ORDER: The Court ADOPTS the parties' 18 Joint Status Report and ORDERS that they shall file a further joint status report by October 7, 2021. So ORDERED by Judge James E. Boasberg on 9/8/2021. (lcjeb2) (Entered: 09/08/2021)
2021-09-08		Set/Reset Deadlines: Status Report due by 10/7/2021. (znbn) (Entered: 09/08/2021)
2021-10-07	19	Joint STATUS REPORT by CATO INSTITUTE. (Topic, Matthew) (Entered: 10/07/2021)
2021-10-07		MINUTE ORDER: The Court ADOPTS the parties' 19 Joint Status Report and ORDERS that they shall file a further joint status report by November 22, 2021. So ORDERED by Judge James E. Boasberg on 10/07/2021. (lcjeb2) (Entered: 10/07/2021)
2021-10-07		Set/Reset Deadlines: Joint Status Report due by 11/22/2021. (znbn) (Entered: 10/08/2021)
2021-11-22	20	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Takemoto, Benjamin) (Entered: 11/22/2021)
2021-11-22		MINUTE ORDER: The Court ADOPTS the parties' 20 Joint Status Report and ORDERS that they shall file a further joint status report by December 20, 2021. So ORDERED by Judge James E. Boasberg on 11/22/2021. (lcjeb2) (Entered: 11/22/2021)
2021-11-22		Set/Reset Deadlines: Joint Status Report due by 12/20/2021. (znbn) (Entered: 11/23/2021)
2021-12-20	21	Joint STATUS REPORT by CATO INSTITUTE. (Topic, Matthew) (Entered: 12/20/2021)
2021-12-20		MINUTE ORDER: The Court ADOPTS the parties' 21 Joint Status Report and ORDERS that they shall file a further joint status report by January 17, 2022. So ORDERED by Judge James E. Boasberg on 12/20/2021. (lcjeb2) (Entered: 12/20/2021)
2021-12-20		Set/Reset Deadlines: Joint Status Report due by 1/17/2022. (nbn) (Entered: 12/20/2021)
2022-01-17	22	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Takemoto, Benjamin) (Entered: 01/17/2022)
2022-01-18		MINUTE ORDER: The Court ADOPTS the parties' 22 Joint Status Report and ORDERS that they shall file a further joint status report by February 16, 2022. So ORDERED by Judge James E. Boasberg on 1/18/2022. (lcjeb2) (Entered: 01/18/2022)
2022-01-18		Set/Reset Deadlines: Joint Status Report due by 2/16/2022. (nbn) (Entered: 01/18/2022)
2022-01-21	23	MOTION to Withdraw as Attorney by CATO INSTITUTE. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 01/21/2022)
2022-01-21		MINUTE ORDER GRANTING 23 Motion to Withdraw as Attorney. The appearance of Attorney Joshua Burday is terminated. So ORDERED, by Judge James E. Boasberg on 1/21/2022. (lcjeb2) Modified on 1/24/2022 (znbn). (Entered: 01/21/2022)
2022-02-16	24	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Takemoto, Benjamin) (Entered: 02/16/2022)
2022-02-17		MINUTE ORDER: The Court ADOPTS the parties' 24 Joint Status Report and ORDERS that they shall file a further joint status report by March 16, 2022. So ORDERED by Judge James E. Boasberg on 2/17/2022. (lcjeb2) (Entered: 02/17/2022)
2022-02-17		Set/Reset Deadlines: Joint Status Report due by 3/16/2022. (nbn) (Entered: 02/17/2022)
2022-03-16	25	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Takemoto, Benjamin) (Entered: 03/16/2022)
2022-03-17		MINUTE ORDER: The Court ADOPTS the parties' 25 Joint Status Report and Joint Proposed Briefing Schedule. The Court ORDERS that: (1) Defendants shall file their motion for summary judgment by June 3, 2022; (2) Plaintiff shall file its consolidated response and cross-motion for summary judgment by July 8, 2022; (3) Defendants shall file their consolidated reply and response by August 5, 2022; and (4) Plaintiff shall file its reply by August 26, 2022. So ORDERED by Judge James E. Boasberg on 3/17/2022. (lcjeb2) (Entered: 03/17/2022)
2022-03-17		Set/Reset Deadlines: Summary Judgment motions due by 6/3/2022. Response to Motion for Summary Judgment due by 7/8/2022. Cross Motions due by 7/8/2022. Reply to Motion for Summary Judgment due by 8/5/2022. Response to Cross Motions due by 8/5/2022. Reply to Cross Motions due by 8/26/2022. (nbn) (Entered: 03/18/2022)
2022-06-03	26	MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Seidel, # 2 Exhibit to Declaration (A-E), # 3 Memorandum in Support, # 4 Statement of Facts, # 5 Text of Proposed Order)(Takemoto, Benjamin) (Entered: 06/03/2022)
2022-07-08	27	Cross MOTION for Summary Judgment by CATO INSTITUTE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts Response to SOF, # 3 Statement of Facts, # 4 Exhibit A, # 5 Exhibit B, # 6 Text of Proposed Order)(Topic, Matthew) (Entered: 07/08/2022)
2022-07-08	28	Memorandum in opposition to re 26 MOTION for Summary Judgment filed by CATO INSTITUTE. (Attachments: # 1 Statement of Facts Response to SOF, # 2 Statement of Facts, # 3 Exhibit A, # 4 Exhibit B, # 5 Text of Proposed Order)(Topic, Matthew) (Entered: 07/08/2022)
2022-07-29	29	Unopposed MOTION for Extension of Time to File Response/Reply as to 27 Cross MOTION for Summary Judgment , 26 MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Takemoto, Benjamin) (Entered: 07/29/2022)
2022-07-29		MINUTE ORDER GRANTING Consent 29 Motion for Extension of Time. The Court ORDERS that: 1) Defendant shall file its Reply and Opposition by August 12, 2022; and 2) Plaintiff shall file its Reply by September 2, 2022. So ORDERED by Judge James E. Boasberg on 7/29/2022. (lcjeb2) (Entered: 07/29/2022)
2022-08-01		Set/Reset Deadlines: Responses due by 8/12/2022 and Replies due by 9/2/2022. (lsj) (Entered: 08/01/2022)
2022-08-12	30	REPLY to opposition to motion re 26 MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Seidel)(Takemoto, Benjamin) (Entered: 08/12/2022)
2022-08-12	31	RESPONSE re 27 Cross MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Seidel)(Takemoto, Benjamin) (Entered: 08/12/2022)
2022-09-02	32	REPLY to opposition to motion re 31 Response to motion PLAINTIFFS REPLY IN SUPPORT OF ITS CROSS-MOTION FOR SUMMARY JUDGMENT filed by CATO INSTITUTE. (Topic, Matthew) (Entered: 09/02/2022)
2022-10-07		MINUTE ORDER: The Court ORDERS that the FBI shall produce to the Court for in camera review by October 12, 2022, clean and redacted copies of all documents withheld in whole or in part under Exemptions 6 or 7(C). So ORDERED by Judge James E. Boasberg on 10/07/2022. (lcjeb3) (Entered: 10/07/2022)
2022-10-07		Set/Reset Deadlines: In-Camera Submission due by 10/12/2022. (nbn) (Entered: 10/07/2022)
2022-11-02	33	ORDER: The Court ORDERS that: (1) Defendants' Motion for Summary Judgment is GRANTED; (2) Plaintiff's Motion for Summary Judgment is DENIED; and (3) Judgment is ENTERED for Defendants. Signed by Judge James E. Boasberg on 11/2/2022. (lcjeb2) (Entered: 11/02/2022)
2022-11-02	34	MEMORANDUM OPINION re 33 Order on Motions for Summary Judgment. Signed by Judge James E. Boasberg on 11/2/2022. (lcjeb2) (Entered: 11/02/2022)
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