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Judicial Watch, Inc. v. DOJ, No. 16-1888, 2019 WL 2603899 (D.D.C. June 25, 2019) (Collyer, J.)

Date

Judicial Watch, Inc. v. DOJ, No. 16-1888, 2019 WL 2603899 (D.D.C. June 25, 2019) (Collyer, J.)

Re:  Request for FBI records concerning certain interviews during investigation of 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:  "After review of the affidavits submitted by the government regarding the scope and methods of the search, and without opposition, the Court reaffirms that FBI met its obligation to conduct a reasonable search."
     
  • Exemption 5, Attorney Work-Product:  The court holds that "[b]ecause the Forms 302 were prepared in anticipation of impending litigation by FBI agents acting under the substantial direction of Assistant United States Attorneys, they are records exempt from FOIA release as attorney work product under Exemption 5."  The court relates that at issue are "three forms 302 (Forms 302), which the FBI uses to summarize facts and statements made by potential witnesses during interviews."  First, the court relates that "Mr. Blagojevich was arrested on a criminal complaint on December 9, 2008, . . . and the interviews at issue here were also conducted by the FBI in December 2008, while the government was moving toward indictment" and finds that "[w]ithout doubt, the FBI interviewed the Obama Administration officials and prepared the Forms 302 reflecting those interviews when litigation was in the offing."  Second, the court finds that "[f]or the specific high-level interviews at issue, the '[p]rosecutors participated in selecting these witnesses . . ., discussing and determining in advance the investigative strategy for each interview, and questioning the witnesses.'"  "The FBI agents were working under the direction of Assistant United States Attorneys (AUSAs) and in support of their decisions concerning the Blagojevich indictment and trial."
Court Decision Topic(s)
District Court opinions
Exemption 5
Exemption 5, Attorney Work-Product Privilege
Litigation Considerations, Adequacy of Search
Updated January 10, 2022