Filed Date: Feb. 27, 2007
Closed Date: 2008
Clearinghouse coding complete
On February 27, 2007, the Electronic Frontier Foundation filed this individual lawsuit in the U.S. District Court for the District of Columbia. The plaintiff sued the Department of Justice under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. The plaintiff, representing itself, sought injunctive and monetary relief, claiming that the defendant wrongfully withheld agency records requested by the plaintiff. Specifically, the plaintiff claimed the defendant withheld records concerning orders by the Foreign Intelligence Surveillance Court (“FISC”) that allegedly authorized surveillance of international communications where there was a probable cause to believe one of the communicants is a member or agent of al Qaeda or an associated terrorist organization, as referenced in a letter written by the then acting Attorney General dated January 17, 2007. Additionally, the plaintiff requested any related FISC rules and guidelines associated with such orders, as referenced by the then White House Press Secretary during a press briefing on January 17, 2007.
The defendants moved for summary judgment on May 11, 2007 on the grounds that the plaintiff’s requested material was exempted from disclosure under 5 U.S.C. § 552(b) exemption 1, which exempts matters specifically authorized by an Executive order be kept secret in the interest of national defense or foreign policy, and exemption 3, which exempts records or information that could reasonably be expected to interfere with enforcement proceedings.
On July 26, 2007, Chief Judge Thomas F. Hogan granted defendant’s motion for summary judgment on grounds that defendant sufficiently met its burden of showing with reasonable specificity the above exemptions applied to the documents at issue. In the same opinion, Chief Judge Hogan denied plaintiff’s motion for an in camera review of the documents at issue as the court found the defendant’s declarations sufficient to conduct a de novo review and to verify the applicability of the asserted FOIA exemptions.
The plaintiff filed a motion for reconsideration on August 8, 2007. The plaintiff claimed that an August 3, 2007 article in the Washington Post offered new evidence that supported a motion for in camera review, as the article suggested that the documents at issue may primarily constitute legal analyses, and therefore, the documents at issue would not need to be classified. This motion was denied by Chief Judge Hogan on January 29, 2008, as the court found that the details discussed within the August 3, 2007 article did not provide any new evidence relevant to the documents referenced in the January 17, 2007 letter or press briefing. The case is now closed. 532 F.Supp.2d 22.
Summary Authors
Cade Boland (9/28/2017)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4206715/parties/electronic-frontier-foundation-v-department-of-justice/
BEESON, ANN ELIZABETH (District of Columbia)
DOBBS, ELAN R. (District of Columbia)
FINE, ADEN J. (District of Columbia)
GOLLADAY, ADDISON F. (District of Columbia)
HANSEN, CHRISTOPHER A. (District of Columbia)
Hogan, Thomas Francis (District of Columbia)
BEESON, ANN ELIZABETH (District of Columbia)
DOBBS, ELAN R. (District of Columbia)
FINE, ADEN J. (District of Columbia)
GOLLADAY, ADDISON F. (District of Columbia)
HANSEN, CHRISTOPHER A. (District of Columbia)
HARRIS, CHRISTOPHER R. (District of Columbia)
Hofmann, Marcia (District of Columbia)
PURDY, ANDREW M. (District of Columbia)
SAHL, BENJAMIN (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/4206715/electronic-frontier-foundation-v-department-of-justice/
Last updated April 17, 2024, 3:20 a.m.
State / Territory: District of Columbia
Case Type(s):
Special Collection(s):
Foreign Intelligence Surveillance Court
Key Dates
Filing Date: Feb. 27, 2007
Closing Date: 2008
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Not-for-profit corporation that focuses on civil liberties issues related to technology, and to act as a defender of those liberties.
Plaintiff Type(s):
Non-profit NON-religious organization
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Department of Justice, Federal
Defendant Type(s):
Case Details
Causes of Action:
Freedom of Information Act (FOIA), 5 U.S.C. § 552
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
General: