Djenasevic v. EOUSA, No. 18-5262, 2019 U.S. App. LEXIS 29884 (D.C. Cir. Oct. 3, 2019) (per curiam)

Djenasevic v. EOUSA, No. 18-5262, 2019 U.S. App. LEXIS 29884 (D.C. Cir. Oct. 3, 2019) (per curiam)

Re:  Request for records related to requester's criminal conviction

Disposition:  Granting government's motion for summary affirmance and denying requester's motion for summary reversal of district court's grant of government's motion for summary judgment

• Exemption 5, Attorney Work-Product & Deliberative Process Privilege:  The Court of Appeals for the District of Columbia Circuit holds that "EOUSA properly withheld draft documents pursuant to FOIA Exemption 5 under the attorney work-product and deliberative process privileges."  "The documents contained preliminary determinations of agency employees and were prepared in anticipation of appellant's prosecution."
   
• Exemption 7(C):  The Court of Appeals for the District of Columbia Circuit holds that "EOUSA and DEA properly withheld under Exemption 7(C) personally identifiable information of individuals involved with appellant's criminal investigation and prosecution, and of third parties mentioned in those criminal records."  The court also finds that "[the requester] has not produced 'evidence that would warrant a belief by a reasonable person that the alleged Government impropriety might have occurred,' . . . which would outweigh the personal privacy interests at stake."
   
• Exemption 7(D):  The Court of Appeals for the District of Columbia Circuit holds that "DEA properly invoked Exemption 7(D) to withhold information that would disclose the identity of, and information provided by, a confidential source."  "The nature of the underlying crime sufficiently demonstrated that there was an implied assurance of confidentiality."  "Further, the 'public domain' exception does not apply because appellant has failed to show that the information withheld under this exemption has been officially acknowledged in a prior disclosure."
   
• Exemption 7(E):  The Court of Appeals for the District of Columbia Circuit holds that "DEA properly withheld certain filing and case numbers, specific times and locations of meetings with confidential sources, and non-public portions of its Agents' Manual under Exemption 7(E)."  "The agency adequately demonstrated that the release of this information 'might increase the risk that a law will be violated or that past violators will escape legal consequences.'"