Barnes v. FBI, Nos. 20-5139 & 20-5167, 2022 WL 1815116 (D.C. Cir. June 3, 2022) (Katsas, J.)

Barnes v. FBI, Nos. 20-5139 & 20-5167, 2022 WL 1815116 (D.C. Cir. June 3, 2022) (Katsas, J.)

Re:  Request for all FBI records concerning the requester, as well as FBI records containing allegations of terrorism by him or by a particular mosque

Disposition:  Affirming district court's grant of government's motion for summary judgment

• Procedural Requirements, FOIA Requesters:  "This appeal turns on when a criminal defendant, as part of a plea agreement, may waive the right under the Freedom of Information Act to seek government records related to his case."  "Price took a more exacting approach to plea bargains that waive a defendant's right to seek records related to his case."  "We . . . held that plea-bargain waivers of a FOIA right to seek records about the case must advance a 'legitimate criminal-justice interest' to be enforceable."  "In this case, the FBI asserts an interest in protecting the life and safety of its confidential informant."  "In short, the government had good reason to insist on a FOIA waiver to make it harder for [the requester] to learn more sensitive information about the informant."  "That is obviously a legitimate criminal-justice interest."  "The FOIA waiver in [the requester's] plea agreement furthers the government's interest in witness security, so it is enforceable."  "[The requester] responds that the waiver was unnecessary because FOIA itself already protects informants."  "But FOIA processors are hardly infallible in determining whether these provisions apply to specific records."  "Moreover, [the requester] himself has unique knowledge about the informant from their interactions, which [the requester] augmented through criminal discovery and the tampering conspiracy."  "For these reasons, the FBI could worry that disclosing some nugget of information might not seem to put its informant at greater risk, but that [the requester] nonetheless could exploit the information for that purpose."  "And given that concern, the FBI had a legitimate interest in seeking a waiver despite the protection afforded by the exemptions."  "[The requester] finally contends that the waiver does not cover all the records that he requested."  "In his plea agreement, [the requester] waived the right to make a FOIA request for 'any records pertaining to the investigation or prosecution of this case.'"  "In [the requester's] view, this waiver covers only documents that pertain to the firearms, tampering, and obstruction charges ultimately filed against him."  "And since the government never filed any terrorism charges, [the requester] believes that the waiver does not apply to the FBI's terrorism investigation into him."  "We disagree."  "By its terms, the waiver covers all records pertaining to the FBI's 'investigation' of the 'case' against [the requester]."  "Because the investigation of the case against [the requester] encompassed the terrorism investigation, the FOIA waiver covers records relating to it."