Leopold v. Central Intelligence Agency

177 F. Supp. 3d 479, 2016 U.S. Dist. LEXIS 47616, 2016 WL 1411332
CourtDistrict Court, District of Columbia
DecidedApril 8, 2016
DocketCivil Action No. 2014-1056
StatusPublished
Cited by11 cases

This text of 177 F. Supp. 3d 479 (Leopold v. Central Intelligence Agency) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leopold v. Central Intelligence Agency, 177 F. Supp. 3d 479, 2016 U.S. Dist. LEXIS 47616, 2016 WL 1411332 (D.D.C. 2016).

Opinion

MEMORANDUM OPINION

JAMES E. BOASBERG, United States District Judge

Like a multigenerational soap opera, the persistent controversy swirling around the Central Intelligence Agency’s rendition, detention, and interrogation program has now spannéd two presidential administrations, numerous congressional sessions, and the comings and goings of six CIA directors. In one of its most recent episodes, the CIA, after finding itself in the binocular crosshairs of the 'Senate Select Committee on Intelligence, allegedly flipped the lenses around to spy back on its Congressional overseers. When word spread that CIA officials had purportedly hacked into SSCI’s computers — computers the CIA had lent SSCI at a secure CIA facility — interested ears perked up. Journalist Jason Leopold and academic Ryan Shapiro filed a Freedom of = Information Act request in the hope of getting the scoop on this latest installment. After waiting two months without receiving a substantive response from the agency, Plain *484 tiffs filed this suit to compel one. Once the matter was in litigation, the CIA released some documents to Plaintiffs and filed a Motion for Summary Judgment, arguing that it had fulfilled its obligations under FOIA. Plaintiffs oppose, arguing only that the CIA’s search was inadequate. The Court sides with the agency, concluding that it has satisfactorily performed what the statute demands.

I. Background

This dispute, like most FOIA cases, begins with a request for documents. On April 12, 2014, Plaintiffs Leopold and Shapiro sent a FOIA request to the CIA listing five distinct categories of information. See Compl., ¶¶ 1-2, 16. Their central focus was a congressional inquiry into the CIA’s alleged torture program conducted by the Senate Select Committee on Intelligence. See id., ¶ 16. According to Plaintiffs, as part of that inquiry, the “CIA and SSCI reached an agreement which would permit SSCI staffers to review CIA documents at a secure CIA facility in Virginia. A written agreement or series of agreements specified the parameters regarding the staffers’ access to CIA documents.” MSJ, Attach. 1 (Declaration of Mary E. Wilson), Exh. B (FOIA Request) at 2. After getting the logistics nailed down, a disagreement arose between SSCI and the CIA. The agency believed that SSCI staffers had illegally removed internal CIA documents from the secure facility — most specifically, a document or series of documents referred to as the “Panetta Review.” Id. SSCI, for its part, believed that the CIA had accessed, without authorization, the computers its staffers had been provided. See id.

To shed more light on this situation, Plaintiffs requested five broad categories of records, consisting essentially of: (1) “written agreements and correspondence” between SSCI and the CIA regarding the former’s access to CIA facilities and documents; (2) “records documenting any CIA investigation into the search of SSCI’s computers at the secure facility in Virginia,” including any referrals or other communications between the CIA and the Justice Department; (3) records related to CIA and DOJ investigations into SSCI’s alleged removal of the “Panetta Review”; (4) material pertaining to a CIA contract that had purportedly been awarded to a company to “review[ ] records relating to the CIA’s former Detention and Interrogation Program”; and (5) “talking points,” in both draft and final form, touching on this dispute between the CIA and SSCI. See Compl., ¶ 16.

Having received no substantive response after two months had passed, in June 2014, Plaintiffs filed suit, asking this Court to “[o]rder Defendant to process the requested records without further delay and release all nonexempt portions” of those records. See Compl. at 6. Over the ensuing year, Defendant completed the search and began determining whether the documents it had turned up were responsive to Plaintiffs’ request. See Minute Order of Jan. 7, 2015; ECF Nos. 13 (CIA Status Report of 2/24/15), 14 (CIA Status Report of 4/9/15), 15 (CIA Status Report of 5/26/15). On July 20, 2015, it produced 82 documents (12 released in full, 70 in part) and prepared a preliminary Vaughn Index indicating which FOIA exemptions it had relied on in withholding in full the remaining 231 responsive documents. See ECF No. 17 (CIA Status Report of 7/16/15); Minute Order of Aug. 19, 2015; Wilson Deck, ¶ 7. The CIA then filed its Motion for Summary Judgment, arguing that it had met all of its obligations under FOIA. Plaintiffs limited their Opposition to contesting only the adequacy of the agency’s search efforts. In addressing the CIA’s Motion, therefore, the Court will focus exclusively on that narrow issue.

*485 II. Legal Standard

Summary judgment may be granted if “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Holcomb v. Powell, 433 F.3d 889, 895 (D.C.Cir.2006). A fact is “material” if it is capable of affecting the substantive outcome of the litigation. See Liberty Lobby, 477 U.S. at 248, 106 S.Ct. 2505; Holcomb, 433 F.3d at 895. A dispute is “genuine” if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. See Scott v. Harris, 550 U.S. 372, 380, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007); Liberty Lobby, 477 U.S. at 248, 106 S.Ct. 2505; Holcomb, 433 F.3d at 895. “A party asserting that a fact cannot be or is genuinely disputed must support the assertion” by “citing to particular parts of materials in the record” or “showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.” Fed. R. Civ. P. 56(c)(1). The moving party bears the burden of demonstrating the absence of a genuine issue of material fact. See Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

FOIA cases typically and appropriately are decided on motions for summary judgment. See Brayton v. Office of U.S. Trade Rep., 641 F.3d 521, 527 (D.C.Cir.2011). In a FOIA case, a court may grant summary' judgment based solely on information provided in an agency’s affidavits or declarations when they “describe the justifications for nondisclosure with reasonably specific detail, demonstrate that the information withheld logically falls within the claimed exemption, and are not controverted by either contrary evidence in the record nor by evidence of agency bad faith.” Larson v. Dep’t of State, 565 F.3d 857, 862 (D.C.Cir.2009) (citation omitted).

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177 F. Supp. 3d 479, 2016 U.S. Dist. LEXIS 47616, 2016 WL 1411332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leopold-v-central-intelligence-agency-dcd-2016.