Judicial Watch, Inc. v. DOJ, No. 16-1888, 2017 WL 4772402 (D.D.C. Oct. 20, 2017) (Collyer, J.)

Judicial Watch, Inc. v. DOJ, No. 16-1888, 2017 WL 4772402 (D.D.C. Oct. 20, 2017) (Collyer, J.)

Re:  Request for records concerning interviews of high-level Obama administration officials regarding Rod Blagojevich, former governor of Illinois

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

• Litigation Considerations, Adequacy of Search:  The court notes that "[plaintiff] does not contest the adequacy of the IRS search for responsive records[,]" and, "[u]pon review of the affidavits submitted by DOJ, which detailed the database search as well as the records identified, the Court concludes that DOJ met its obligation to conduct a reasonable search."
   
• Exemption 7(A):  The court relates that "the records [plaintiff] requests are those 'relating to any and all FBI interviews' of certain Obama administration officials 'concerning or relating to Rod Blagojevich,' who was subject to a federal criminal investigation."  The court finds that "[t]he [responsive forms] are forms intended to record 'important facts and statements made by a potential witness in the course of an interview conducted by FBI Special Agents, sometimes in conjunction with federal prosecutors.'"  The court finds that "[t]he records are therefore well within the scope of law enforcement records covered by Exemption 7(A)."  The court also finds that "[u]ntil [the subject's] appeal is fully exhausted, disclosure of investigative materials could be reasonably expected to interfere with whatever occurs going forward."
   
• Litigation Considerations, "Reasonably Segregable" Requirements:  "[T]he Court concludes that DOJ has met its burden to show no segregable information was inappropriately withheld."  The court finds that "Exemption 7(A) is meant to apply broadly to an agency's 'evidence and strategies, or the nature, scope, and focus of investigations,' which can mean more than just simply the information contained therein."