Crisman v. DOJ, No. 12-1871, 2019 WL 1330587 (D.D.C. Mar. 25, 2019) (Chutkan, J.)

Crisman v. DOJ, No. 12-1871, 2019 WL 1330587 (D.D.C. Mar. 25, 2019) (Chutkan, J.)

Re:  Request for records concerning plaintiff, including records concerning a Financial Institution Security Association ("FISA") alert

Disposition:  Granting defendant's first motion for summary judgment

• Litigation Considerations, Mootness and Other Grounds for Dismissal:  "The FBI concluded that two of the three documents withheld . . . could be released in full because of a new law, the FOIA Improvement Act, directing agencies to withhold information only if it is reasonably foreseeable that disclosure would harm an interest protected by the exemption."  "Accordingly, Plaintiffs' claims with respect to those two documents are moot."
   
• Exemption 5, Deliberative Process Privilege:  The court holds that "the FBI has met its burden . . . ."  The court holds that "[t]he agency's declaration provides context, and the disclosures are detailed as opposed to categorical assertions regarding the content of the redacted material."  "Indeed, from the content provided in the unredacted portions, it is apparent that the first redaction protects inter-agency communications about an employee’s recommendation for handling a Freedom of Information Act/Privacy Act request, and the second redaction relates to intra-agency communications about an employee's advice based on anticipated OIP responses; both are permissible purposes for asserting the FOIA (b)(5) exemption."