Fowlkes v. ATF, No. 13-0122, 2015 WL 5598011 (D.D.C. Sept. 21, 2015) (Contreras, J.)
Fowlkes v. ATF, No. 13-0122, 2015 WL 5598011 (D.D.C. Sept. 21, 2015) (Contreras, J.)
Re: Request for records concerning plaintiff's criminal case
Disposition: Granting in part and denying in part defendant's motion for summary judgment; granting in part and denying in part plaintiff's motion for summary judgment
- Litigation Considerations, Adequacy of Search: "The Court concludes that the search for records responsive to [plaintiff's] FOIA [r]equest [to EOUSA] . . . was reasonable under the circumstances of this case." The court finds that "the agency’s supporting declaration describes 'what records were searched, by whom, and through what processes,' . . . and the search is not inadequate solely because it does not yield a document of particular interest to the requester."
- Exemption 3: The court holds that "BATFE’s decision to withhold the Trace Report in full is proper." The court relates that "[t]he statute on which BATFE relied is the Consolidated Appropriations Act of 2012" which withholds "the contents of the Firearms Trace System database maintained by the National Trace Center." "The Court concurs" with defendant's position "that the funding restrictions 'remain active and enforceable [and] are subject to [Exemption 3]'" because the statute includes "language imposing the funding restriction on firearms trace data 'in perpetuity until specifically repealed[.]'"
- Exemption 7(C): "The Court concludes that EOUSA does not justify its decision to withhold the name of the judge who convened the grand jury proceedings identified in plaintiff’s FOIA requests, and in this respect, defendants’ motion for summary judgment will be denied and plaintiff’s cross-motion for summary judgment is granted." "The Court does not discount the potential risk and exposure a judge faces, yet finds the protection afforded under Exemption 7(C) is not so broad as to protect his or her name."
- Exemption 7(E): "Plaintiff raises no objection to BATFE’s application of Exemption 7(E), and the Court therefore treats this matter as conceded." "[I]f the Court were to consider the merits of BATFE’s arguments, the Court finds that TECS codes and other file information is properly withheld under Exemption 7(E)." The court relates that defendant states that disclosure of this information "'could allow individuals outside the agency to circumvent agency functions and gain access to sensitive investigative information[,]'" "would allow subjects of law enforcement proceedings 'access to sensitive investigative information that could be used to circumvent valid law enforcement investigations[,]'" and "'could provide insight into how agencies share information and the codes used to identify agency information.'"
- Litigation Considerations, "Reasonably Segregable" Requirements: "The Court has reviewed all the defendants’ supporting declarations and, with the exception of the name of the judge who convened the grand juries identified in plaintiff’s FOIA requests, finds that defendants have released all reasonably segregable information."