Ctr. for Pub. Integrity v. DOD, No. 19-3265, 2020 WL 4530596 (D.D.C. Aug. 6, 2020) (Kollar-Kotelly, J.)

Ctr. for Pub. Integrity v. DOD, No. 19-3265, 2020 WL 4530596 (D.D.C. Aug. 6, 2020) (Kollar-Kotelly, J.)

Re:  Request for certain communications concerning Ukraine Security Assistance Initiative

Disposition:  Determining in camera inspection required

• Litigation Considerations, Vaughn Index/Declaration & In Camera Inspection:  The court relates that "Defendants have withheld portions of documents based on FOIA Exemptions 1, 3, 5, and 6."  "Plaintiffs have disputed many of those withholdings."  "The Court does not intend to resolve those disputes through this Memorandum Opinion."  "Instead, the Court has determined that it needs to view certain documents in camera in order to make a de novo determination on certain claims of exemption under FOIA Exemption 5."  The court holds that "[h]ere, many of the Vaughn index entries are insufficiently specific."  "And, the agency affidavits fail to provide additional specificity for many of the documents."  "The Court [does] not provide a full description of each document with an inadequate Vaughn index notation for which in camera review is required."  "Instead, the Court . . . provide[s] a sampling of entries which are emblematic of the more widespread insufficiencies."  The court finds that "[w]hile not every document withheld under FOIA Exemption 5 suffers from these deficiencies, a significant number do."  "As such, the Court finds it necessary to conduct an in camera review of specified documents in order to make a responsible de novo determination of the claims of exemption."