Codrea v. Bureau of Alcohol, Tobacco, Firearms and Explosives

Citation: Not availableDocket: Civil Action No. 2021-2201

Court: District Court, District of Columbia; September 13, 2022; Federal District Court

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Plaintiff David Codrea filed a FOIA request with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) seeking information on a 2018 handgun incident allegedly involving Hunter Biden. The ATF issued a Glomar response, neither confirming nor denying the existence of such information, citing FOIA Exemptions 6 and 7(C). Exemption 7(C) requires balancing Hunter Biden's privacy interests against the public's interest in disclosure. The court found that the privacy interests outweighed the public interest, thus validating ATF's response.

The case revolves around the reported disappearance of a handgun from Hunter Biden’s car, an incident that involved his sister-in-law disposing of the firearm in a trash can, subsequent police investigations, and inquiries made by Secret Service agents and ATF. The Secret Service denied involvement, while ATF asserted it has not acknowledged the incident. A news article referenced in the case details Hunter Biden's responses to firearms transaction questions, including his past drug use and military discharge due to a positive cocaine test. Codrea's FOIA request sought comprehensive documentation regarding the handling of the incident, emphasizing a lack of public reporting or explanation for the case's resolution over two years later.

Mr. Codrea's request to the ATF was acknowledged on February 26, 2021. On March 31, 2021, the ATF stated it could not find any relevant records after searching its investigative files. However, two days later, the ATF retracted this response, indicating that a full search was planned. By May 12, 2021, the ATF claimed the initial search was erroneous and that the request should have been categorically denied due to substantial privacy interests of a third party, invoking FOIA Exemptions 6 and 7(C). Mr. Codrea appealed this decision to the DOJ's Office of Information Policy, which denied the appeal, leading Mr. Codrea to file a lawsuit. The ATF has filed for summary judgment regarding its Glomar response, supported by a declaration from Adam C. Siple, Chief of Information and Privacy Governance at the ATF. The legal standard for FOIA cases emphasizes broad disclosure, with the agency required to justify any exemptions. Summary judgment is appropriate when there are no material disputes and the movant is entitled to judgment as a matter of law. The agency must demonstrate that withheld information logically falls within the claimed exemption, supported by detailed affidavits. A Glomar response allows an agency to neither confirm nor deny the existence of records when doing so would reveal information exempt from disclosure, and the agency must sustain the burden of this response.

ATF cited FOIA Exemptions 6 and 7(C) to justify its Glomar response. Exemption 6 protects personal privacy by preventing the disclosure of 'personnel and medical files' that would result in a clearly unwarranted invasion of privacy. In contrast, Exemption 7(C) offers broader protection for law enforcement records, allowing for the withholding of information if its disclosure could reasonably be expected to invade personal privacy, without the requirement of showing a 'clearly unwarranted' invasion. This distinction indicates a legislative intent to afford greater flexibility for withholding law enforcement records compared to other files.

To invoke Exemption 7(C), ATF must demonstrate that disclosure could reasonably invade privacy and that the personal privacy interest outweighs the public interest in disclosure. If the agency establishes the presence of privacy concerns, the burden shifts to the requester to prove that the public interest is significant and that the requested information would likely advance that interest.

The Court's analysis will first clarify that Mr. Codrea's FOIA request pertains specifically to ATF records related to the 2018 handgun incident. It will then confirm that any existing records would be compiled for law enforcement purposes, assess Hunter Biden's privacy interests against the public interests involved, and ultimately determine that ATF is justified in employing a Glomar response under Exemption 7(C).

The parties are in dispute regarding the scope of Mr. Codrea’s FOIA request. The ATF interprets the request as focused solely on an October 2018 incident involving the disappearance of a handgun from Hunter Biden’s car. In contrast, Mr. Codrea claims that his request encompasses a broader inquiry into the agency's enforcement of federal gun control laws, including records related to self-admitted users of controlled substances and prosecution policies concerning individuals from prominent families. He argues that his request for "administrative reports, communications, correspondence, and work papers" supports this broader interpretation.

However, the Request Letter indicates that Mr. Codrea is primarily seeking information about the handgun incident, specifically asking for reports and communications that explain how the case was resolved. The ATF's interpretation that the request does not seek records on general enforcement policies—unless they pertain to the handgun incident—is deemed correct. The inclusion of various types of records does not expand the scope of the request and could lead to an unreasonably broad interpretation, which is impermissible under FOIA. Agencies are not required to respond to overly broad requests, and it is the responsibility of the requester to frame their request with sufficient specificity. Mr. Codrea is advised that he may submit a new FOIA request if he seeks additional records beyond those related to the 2018 incident.

Exemption 7(C) allows for the protection of records compiled for law enforcement purposes, requiring that such records were created, gathered, or utilized by an agency for law enforcement prior to invoking the exemption. Agencies primarily focused on law enforcement, like the ATF, receive deference in their claims regarding the law enforcement purpose of records. Nonetheless, the agency must demonstrate (1) a rational connection between the investigation and its law enforcement duties, and (2) a link between an individual or incident and a potential security threat or violation of federal law.

In this case, the ATF asserts that any records responsive to Mr. Codrea's request regarding a 2018 handgun incident were compiled during a legitimate law enforcement investigation aimed at identifying violations of firearms laws. The ATF's representation is respected, as there is no evidence contradicting its claims or suggesting bad faith. The connection between the ATF's law enforcement responsibilities and the records requested is deemed rational, as the information sought relates directly to an investigation into possible illegal activities. Mr. Codrea acknowledges that his request pertains to the agency's actions regarding federal gun control enforcement.

Regarding privacy interests, Exemption 7(C) acknowledges that even mentioning an individual's name in law enforcement records can lead to speculation and stigma, thus implicating significant privacy concerns. In this context, disclosure might reveal whether Hunter Biden was under investigation by the ATF, granting him a considerable privacy interest in keeping such information confidential. Mr. Codrea attempts to argue that publicized actions by Hunter Biden have lessened this privacy interest, but the court finds that these actions do not negate his privacy rights. The reference to an FBI investigation in the media, particularly regarding private text messages, does not equate to an acknowledgment of an ATF investigation, and thus does not diminish Hunter Biden's privacy interest in relation to ATF's actions.

Hunter Biden's privacy interests remain intact despite his memoir discussing drug use. The court finds that the memoir does not lessen his privacy regarding any ATF investigation into him. The Gun Control Act prohibits unlawful users of controlled substances from firearm possession, but general public disclosures do not affect an individual's privacy regarding specific investigations. Mr. Codrea's claims, including references to a Delaware State Police report and an alleged ATF inspection of a firearms transaction record, do not impact Biden’s privacy concerning a potential ATF probe. The court emphasizes that Delaware law enforcement operates independently from the ATF, and no official acknowledgment of an ATF investigation into Biden exists. Citing the D.C. Circuit's decision in PETA, the court concludes that unofficial media reports cannot materially reduce an individual's privacy interest. Consequently, Hunter Biden retains a substantial privacy interest.

Mr. Codrea is required to demonstrate that his public interest claim is significant and that the information sought is likely to advance that interest. While the parties agree on this burden, they dispute whether Mr. Codrea must also provide evidence of government misconduct. The ATF contends that under Supreme Court precedent, Mr. Codrea must show reasonable suspicion of government impropriety to obtain disclosure. However, the Court concludes that Mr. Codrea is not obligated to provide such evidence. Although the request hints at uncovering government misconduct, Mr. Codrea has also identified a separate public interest in understanding ATF’s law enforcement policies, which satisfies the requirement for disclosure without needing to show evidence of impropriety.

The public interest in ATF’s handling of the 2018 handgun incident is substantial. Unlike ATF's Glomar response, the public's interest extends beyond the mere existence of information to its contents. The handling of this case relates to substantive law enforcement policy, as noted in the CREW case. Specifically, there is interest in how ATF managed the investigation involving Hunter Biden, including its diligence and decisions made during the inquiry. The incident has garnered media and congressional attention, with 22 House members urging the then-nominated ATF Director to commit to investigating allegations regarding Hunter Biden’s potential false statements on a background check. This context underscores the considerable public interest in the case.

Balancing privacy and public interests involves weighing the significant privacy interest of Hunter Biden against the public interest in disclosing information related to his case. The Court recognizes that while both interests are substantial, the privacy interest prevails. Citing Dillon v. U.S. Dep’t of Justice and Beck v. DOJ, the Court notes that merely revealing agency investigatory procedures does not justify disclosure when strong privacy interests are at stake. In this case, Hunter Biden's privacy interest is particularly robust, as he is associated with a criminal investigation, unlike the non-criminal context in PETA, where the privacy interests were already recognized as substantial. Additionally, unlike the public acknowledgment of an investigation by the former Majority Leader in CREW, there has been no such acknowledgment regarding Hunter Biden. The Court emphasizes that a private citizen does not forfeit privacy rights simply due to familial connections to a public official, contrasting this with cases involving public figures who have diminished privacy interests. The public interest in this instance is weaker than in CREW, which dealt with a significant public corruption scandal, further supporting the conclusion that Hunter Biden's privacy interest outweighs the public interest in disclosure.

Mr. DeLay's case highlighted the heightened public interest in the scrutiny of prominent officials compared to Hunter Biden's situation, which involves a private citizen in an isolated handgun incident. The ATF's investigation of this incident is not indicative of broader law enforcement practices, as it represents a singular occurrence rather than a systemic issue. Unlike the DOJ's authority in prosecuting public corruption cases like Mr. DeLay's, the ATF can only refer cases to U.S. Attorneys, limiting the implications of any investigation into Biden’s actions. The absence of prosecution does not imply misconduct by ATF personnel, and even if there were indications of leniency in Biden's case, it would not clarify broader prosecutorial thresholds. 

Hunter Biden's significant privacy interests outweigh the public's interest in disclosure regarding the investigation, especially since the information sought is unlikely to advance public understanding of ATF’s procedures. The Court found ATF's categorical refusal to confirm or deny the existence of investigation files appropriate to safeguard Biden's privacy, as acknowledging such files would link him to a criminal investigation. Thus, requiring additional disclosures would further compromise his privacy. Consequently, the Court granted the Defendant's motion for summary judgment, affirming the use of Exemption 7(C) to deny disclosure.