Al-Turki v. DOJ, No. 14-802, 2015 WL 2328716 (D. Colo. May 13, 2015) (Daniel, S. J.)

Al-Turki v. DOJ, No. 14-802, 2015 WL 2328716 (D. Colo. May 13, 2015) (Daniel, S. J.)

Re: Request for records concerning plaintiff

Disposition: Granting defendant's Motion for Leave to File In Camera and Ex Parte Declaration

• Litigation Considerations, In Camera Inspection:  The court "find[s] that this is an exceptional case where submission of an in parte and in camera declaration by the Government is appropriate."  The court notes that "[t]his case involves national security."  The court explains that "[t]he in camera ex parte declaration is classified and to be classified, the information, if disclosed, 'reasonably could be expected to result in damage to the national security.'"  The court relates that "[d]efendant submitted with its Motion for Summary Judgment a detailed and lengthy public Declaration" which "explain[s] the basis for the exemptions, providing all the information that Defendants asserts may be disclosed on the public record."  The court "accept[s] at this juncture Defendant's representation that it has submitted as detailed a public declaration as it asserts is possible."  The court "also accept[s] at this juncture Defendant's assertion that the in camera and ex parte classified declaration will provide additional details concerning withholdings of materials concerning ongoing law enforcement investigation, and that it cannot be disclosed publicly without causing serious harm to the ongoing law enforcement investigation."  However, the court does state that "once the declaration is filed and considered in connection with the pending summary judgment motion, [the court] will review it to ensure that Defendant's rationale for filing it ex parte and in camera was proper."  The court will also "determine whether any portions of the declaration could be released to augment the public record."