Elec. Privacy Info. Ctr. v. DOJ, No. 19-810, 19-957, 2020 WL 1060633 (D.D.C. Mar. 5, 2020) (Walton, J.)

Elec. Privacy Info. Ctr. v. DOJ, No. 19-810, 19-957, 2020 WL 1060633 (D.D.C. Mar. 5, 2020) (Walton, J.)

Re:  Request for unredacted version of report prepared by Special Counsel regarding investigation into Russian interference in United States presidential election

Disposition:  Denying defendant's motion for summary judgment; granting in part and denying in part plaintiffs' motion for summary judgment; ordering in camera review

• Litigation Considerations, In Camera Inspection:  "[T]he Court will conduct an independent review of the unredacted version of the Mueller Report to determine whether it concurs with the Department's determination that the redactions of the Mueller Report are authorized by the FOIA exemptions upon which the Department relies."  "The Court has grave concerns about the objectivity of the process that preceded the public release of the redacted version of the Mueller Report and its impacts on the Department's subsequent justifications that its redactions of the Mueller Report are authorized by the FOIA."  The court finds that "'[i]n camera inspection does not depend on a finding or even tentative finding of bad faith,' but rather, '[a] judge has discretion to order [i]n camera inspection on the basis of an uneasiness, on a doubt that he wants satisfied before he takes responsibility for a de novo determination.'"  "As noted earlier, the Court has reviewed the redacted version of the Mueller Report, Attorney General Barr's representations made during his April 18, 2019 press conference, and Attorney General Barr's April 18, 2019 letter."  "And, the Court cannot reconcile certain public representations made by Attorney General Barr with the findings in the Mueller Report."  "[T]he Court must conclude that the actions of Attorney General Barr and his representations about the Mueller Report preclude the Court's acceptance of the validity of the Department's redactions without its independent verification."  "Adherence to the FOIA's objective of keeping the American public informed of what its government is up to demands nothing less."  "Accordingly, the Court will conduct an independent review of the unredacted version of the Mueller Report to determine whether it concurs with the Department's determination that the redactions of the Mueller Report are authorized by the FOIA exemptions upon which the Department relies."