Barouch v. DOJ, No. 14-0552, 2015 WL 5544424 (D.D.C. Sept. 18, 2015) (Jackson, J.)
Date
Barouch v. DOJ, No. 14-0552, 2015 WL 5544424 (D.D.C. Sept. 18, 2015) (Jackson, J.)
Re: Request for records concerning plaintiff
Disposition: Granting defendant's renewed motion for summary judgment; denying plaintiff's renewed cross-motion for summary judgment
- Exemption 3: "[T]he Court concludes that ATF properly withheld the grand jury subpoena and related records under FOIA Exemption 3 and Rule 6(e), and that no portion of those records was reasonably segregable." The court relates that "ATF withheld 97 pages of grand jury records under Exemption 3 in conjunction with Federal Rule of Criminal Procedure 6(e), which protects the secrecy of grand jury proceedings." "The Court previously found that defendants had not carried their burden to justify the withholding of the 97 pages of grand jury records under Exemption 3 and Rule 6(e) because they had failed to provide any description of the materials or to show that 'no portion of the 97 pages was 'reasonably segregable.''" "But defendants have now provided enough detail about the records to permit the Court to conclude that the withholding was justified."
Court Decision Topic(s)
District Court opinions
Exemption 3
Updated February 3, 2016