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Judicial Watch, Inc. v. U.S. Dep't of Justice

Citation: 293 F. Supp. 3d 124Docket: Case No. 17–cv–0916 (CRC)

Court: Court of Appeals for the D.C. Circuit; February 4, 2018; Federal Appellate Court

Narrative Opinion Summary

The case involves Judicial Watch, Inc. seeking documents from the FBI under the Freedom of Information Act (FOIA) concerning Christopher Steele and alleged connections to the Trump campaign. After the FBI failed to timely respond to the FOIA request, Judicial Watch filed a lawsuit against the Department of Justice. The FBI issued a Glomar response, refusing to confirm or deny the existence of the requested documents, citing six FOIA exemptions. Judicial Watch challenged the validity of the Glomar response, arguing that a tweet by President Trump constituted public acknowledgment of the documents. However, the court found that the tweet did not specifically mention the communications or meetings in question and thus did not meet the standard for public acknowledgment. The court relied on affidavits provided by the FBI to uphold the agency’s exemptions, granting summary judgment in favor of the FBI. The decision was based on the FBI's reasonable interpretation of the request and the insufficiency of the evidence presented by Judicial Watch to counter the Glomar response.

Legal Issues Addressed

Agency Affidavits in FOIA Cases

Application: The FBI's affidavits were deemed sufficient to support the application of FOIA exemptions, leading to the granting of summary judgment in favor of the FBI.

Reasoning: The FBI provided a detailed affidavit supporting its asserted exemptions.

Freedom of Information Act (FOIA) and Exemptions

Application: The court upheld the FBI's Glomar response, which allows an agency to refuse to confirm or deny the existence of records if doing so would harm interests protected by FOIA exemptions.

Reasoning: FOIA aims to facilitate the broad disclosure of government records while allowing for certain exemptions to protect legitimate governmental and privacy interests.

Glomar Response Validity

Application: The court found the FBI's Glomar response valid, as Judicial Watch could not prove that the existence of the requested documents had been publicly acknowledged.

Reasoning: Judicial Watch contends that the FBI's Glomar response is invalid due to a public acknowledgment of the requested records' existence, citing a tweet from President Trump's account as evidence.

Public Acknowledgment and FOIA

Application: The court ruled that a tweet by President Trump did not constitute public acknowledgment of the specific documents requested by Judicial Watch, thus not invalidating the Glomar response.

Reasoning: The tweet refers to officials behind the discredited Dossier invoking the Fifth Amendment but fails to mention any specific communications or meetings between the FBI and Christopher Steele.

Summary Judgment in FOIA Litigation

Application: The court granted summary judgment to the FBI because the plaintiff, Judicial Watch, failed to provide evidence that undermined the FBI’s use of FOIA exemptions.

Reasoning: As a result, the FBI's Glomar response is upheld, leading the Court to grant the FBI's motion for summary judgment and deny Judicial Watch's cross-motion.