Judicial Watch, Inc. v. DOJ, No. 14-1024, 2015 WL 4602599 (D.D.C. July 31, 2015) (Howell, J.)

Judicial Watch, Inc. v. DOJ, No. 14-1024, 2015 WL 4602599 (D.D.C. July 31, 2015) (Howell, J.)

Re: Request for records detailing number of hours DOJ attorney expended on investigation of whether IRS targeted conservative organizations

Disposition: Granting defendant's motion for summary judgment; denying plaintiff's cross-motion for summary judgment

• Exemption 5, Attorney Work-Product:  The court holds that "the clear weight of authority—including prior decisions by judges on this Court—holds that attorney time records while not per se protected by the work product privilege, may nonetheless contain protected work product."  The court finds that "[w]here time records are not only created by legal personnel but also reference the subject of legal research, persons contacted and interviewed by the attorney, or other issues bearing on the mental impressions of the attorneys, those portions of the time records are protected work product."  The court agrees with defendant and finds that "the time records provide 'a roadmap of [the DOJ's] investigative plans' and their disclosure would 'prematurely reveal the scope and focus of the investigation.'"  The court also finds that "[s]ince the descriptions contained in the time records are 'fully protected as work product[,] ... segregability is not required.'"  Finally, "[s]ince the Court finds that the time records contain protected attorney work product and that disclosure under FOIA is not required under Exemption 5, the Court does not address the defendant's alternative justifications for withholding," specifically, the deliberative process privilege of Exemption 5, as well as Exemptions 6 and 7(C).