Dean v. DOJ, No. 14-715, 2015 WL 1593606 (D.D.C. Apr. 10, 2015) (Mehta, J.)
Re: Request for plaintiff's DEA Form 473, cooperating individual agreement
Disposition: Granting in part and denying in part plaintiff's motion for summary judgment; denying defendant's motion for summary judgment
- Exemptions 7(C), 7(D), 7(E) and 7(F), Glomar Response: "The court agrees" with plaintiff "that, because the Department of Justice during his prosecution publicly acknowledged the existence of the DEA Form 473, the DEA's Glomar response was improper." The court finds that "[p]laintiff has proffered portions of transcripts from his criminal trial that identify 'Government Ex. 7' as 'a form 473, cooperating individual agreement.'" The court finds that "[t]he testimony presented supports Plaintiff's assertion that the requested document exists, and Defendants have not questioned the transcripts' authenticity." "Hence, Plaintiff has carried his burden to show the existence of the Form 473, and Defendants have failed to demonstrate entitlement to summary judgment on their Glomar response."