Electronic Privacy Information Center v. United States Department Of Justice
490 F.Supp.3d 246 (D.C. Cir. 2020)
Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
The Court issued a Memorandum Opinion, in which it concluded that 'the actions of Attorney General [William] Barr and his representations about the Mueller Report preclude the Court's acceptance of the validity of D's redactions without its independent verification' and ordered D to submit the unredacted version of the Mueller Report to the Court for in camera review. D submitted an unredacted version of the Mueller Report. The Court ordered D to 'appear before the Court for an ex parte hearing to address the Court's questions regarding certain redactions of the Mueller Report.' The Court ordered D to file 'under seal its responses to the Court's questions.' The Court held an ex parte hearing regarding the claimed exemptions, after which D submitted an additional declaration that addressed questions posed by the Court during the hearing. The Court concluded that it must grant in part and deny in part D's motion for summary judgment and grant in part and deny the balance of Ps' cross-motions for summary judgment. D continues to withhold information in the Mueller Report pursuant to Exemptions 3, 5, 6, 7(A), 7(C), and 7(E) of the FOIA. D contends that the disclosure of the withheld information would reveal: (1) grand jury information protected by Rule 6(e) of the Federal Rule of Criminal Procedure and Exemption 3; (2) intelligence sources and methods protected by the National Security Act and Exemption 3; (3) privacy information protected by Exemptions 6 and 7(C); (4) deliberative information regarding charging decisions protected by Exemption 5; and (5) law enforcement information protected by Exemptions 7(A) [ ] and 7(E).
Issues
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Holding & Decision
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Legal Analysis
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