Schoenman v. Federal Bureau of Investigation

575 F. Supp. 2d 136, 2008 U.S. Dist. LEXIS 64833
CourtDistrict Court, District of Columbia
DecidedAugust 25, 2008
DocketCivil Action 04-2202 (CKK)
StatusPublished
Cited by37 cases

This text of 575 F. Supp. 2d 136 (Schoenman v. Federal Bureau of Investigation) 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
Schoenman v. Federal Bureau of Investigation, 575 F. Supp. 2d 136, 2008 U.S. Dist. LEXIS 64833 (D.D.C. 2008).

Opinion

MEMORANDUM OPINION

COLLEEN KOLLAR-KOTELLY, District Judge.

Plaintiff, Ralph Schoenman, a political activist and author, filed the above-captioned action pursuant to the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, and the Privacy Act of 1974 (“Privacy Act” or “PA”), 5 U.S.C. § 552a, seeking access to an array of records pertaining to himself, Lord Bertrand Russell, and six organizations, from a total of ten different named agencies and a number of unnamed agencies to which the named agencies might refer documents for a determination as to releasability (identified as “John Doe Agencies 1-10” in Plaintiffs Complaint). Plaintiffs Complaint named as Defendants: the Federal Bureau of Investigation (“FBI”), the Central Intelligence Agency (“CIA”), the Defense Intelligence *139 Agency (“DIA”), the Department of the Air Force (“Air Force”), the Department of Justice (“DOJ”), the Department of the Army (“Army”), the Department of the Navy (“Navy”), the Department of State (“State Department”), the National Archives and Records Administration (“NARA”), the National Security Agency (“NSA”), and John Doe Agencies 1-10. Compl. at 1 & ¶ 13.

In a Memorandum Opinion and Order dated March 31, 2006, the Court dismissed Plaintiffs Complaint against Defendants CIA, NARA, NSA, Air Force, Army, and Navy because Plaintiff either could not show that the agencies had received his FOIA/PA requests or could not show that he had exhausted his administrative remedies as to the agencies. See generally Schoenman v. FBI, Civ. A. No. 04-2202, 2006 WL 1126813 (D.D.C. Mar. 31, 2006). By Memorandum Opinion and Order dated June 5, 2006, the Court dismissed without prejudice certain portions of Plaintiffs Complaint against the FBI and the State Department. See generally Sehoenman v. FBI, Civ. A. No. 04-2202, 2006 WL 1582253 (D.D.C. Jun. 5, 2006). The Defendants with remaining obligations to process documents in response to Plaintiffs request did so. Those Defendants, along with the agencies to whom they have referred documents for releasability determinations, have now begun moving for summary judgment, and Plaintiff has filed cross-motions for summary judgment. This Memorandum Opinion addresses only the Motion for Summary Judgment filed on behalf of the DIA, the Air Force, the Army, the Navy, and the Criminal Division of the DOJ (“Criminal Division”) (collectively, the “Five Defendants”), as well as Plaintiffs Cross-Motion for Summary Judgment. See Mem. of Pts. and Auths. in Support of Mot. for Summ. J. on Behalf of Five Defs. (hereinafter “Five Defs.’ MSJ”); Mem. of Pts. and Auths. in Support of PL’s Cross-Mot. for Summ. J. and in Opp’n to the Pending Mots, for Summ. J. by Defs. Dep’ts. Army, Air Force, Navy, and the DIA (hereinafter “PL’s Cross-MSJ”). Other motions for summary judgment either are not yet ripe, or will be addressed separately in subsequent opinions. As to the subject of this Memorandum Opinion— the cross-motions for summary judgment pending with respect to the Five Defendants — Plaintiffs Cross-Motion withdraws his request for the one document referred to the Criminal Division, the information that the DIA has withheld under FOIA Exemption 3, and the information that the Navy has withheld under FOIA Exemption 2. See PL’s Cross-MSJ at 1, 6. As such, the Court does not consider those withholdings in this Memorandum Opinion, and shall GRANT the Five Defendants’ Motion for Summary Judgment insofar as it pertains to the Criminal Division.

With respect to the remaining issues, the Court concludes that Defendants DIA, Army, and Air Force have met their obligations under the FOIA and the Privacy Act. In light of the Court’s previous partial dismissal of Plaintiffs Complaint, of the Five Defendants, only the DIA had an independent obligation to comply with Plaintiffs FOIA/PA request, and the DIA has shown that it conducted an adequate search for documents. The Army and Air Force were referred documents for releas-ability determinations by other Defendant agencies and they, along with the DIA, have shown that they have properly withheld material under various exemptions to the FOIA and have released all reasonably segregable material. Defendant Navy was also referred documents for review by the DIA and the FBI; however, the Court cannot reach a determination on the cross-motions for summary judgment as to the Navy because the Navy has not established the application of FOIA Exemption *140 7(C) to information withheld from one document. Accordingly, the Court shall GRANT-IN-PART the Five Defendants’ [39] Motion for Summary Judgment insofar as it relates to the Criminal Division, DIA, Air Force, and Army, and shall DENY-IN-PART Plaintiffs [43] Cross-Motion for Summary Judgment as to those same Defendants. Further, the Court shall HOLD-IN-ABEYANCE both the Five Defendants’ Motion for Summary Judgment and Plaintiffs Cross-Motion for Summary Judgment, insofar as each relates to the Navy, and shall order the Navy to provide additional factual support for its invocation of FOIA Exemption 7(C), consistent with the discussion below and the accompanying Order. If the Navy does not provide such additional factual support, the Court shall grant Plaintiffs Cross-Motion for Summary Judgment as to the Navy, and shall deny the Five Defendants’ Motion for Summary Judgment as it relates to the Navy.

I: BACKGROUND

In the interest of clarity, the Court discusses the relevant factual background with respect to of the Five Defendants in a separate subsection. As Plaintiff has withdrawn his request for the document referred to the Criminal Division, see Pl.’s Cross-MSJ at 1, the Court does not discuss the facts relevant to that withholding. Instead, the Court focuses on the other four Defendants at issue in the pending cross-motions for summary judgment.

A The Defense Intelligence Agency

The DIA is a component of the Department of Defense, and its “mission is to collect, analyze, and provide intelligence on the military capabilities of foreign military forces to the Secretary of Defense, the Joint Chiefs of Staff, and the other components of the Department of Defense.” See Decl. of Brian S. Kinsey, Chief of the FOIA Staff, DIA (hereinafter “Kinsey Decl.”), filed in support of Five Defs.’ MSJ, ¶ 3. 1 According to Mr. Kinsey, in light of its mission, “the vast majority of [DIA] records are classified in the interests of national security in accordance with Executive Order 12958, as amended.” Id.

By letter dated August 26, 2001, Plaintiff, through counsel, submitted a FOIA/PA request to the DIA for all records pertaining to himself, Lord Bertrand Russell, and several organizations that Plaintiff and Russell were associated with. Kinsey Dec. ¶ 4 & Ex. A. The DIA sent an acknowledgment of its receipt of Plaintiffs request to his counsel on August 30, 2001. Id. ¶ 4. In December 2001, the DIA initiated a search for responsive records in its research and reference resource library, as well as in other offices within the DIA that the agency concluded might hold responsive records. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
575 F. Supp. 2d 136, 2008 U.S. Dist. LEXIS 64833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schoenman-v-federal-bureau-of-investigation-dcd-2008.