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N.Y. Times Co. v. BOP, No. 20-833, 2021 U.S. Dist. LEXIS 71159 (S.D.N.Y. Apr. 12, 2021) (Engelmayer, J.)

Date

N.Y. Times Co. v. BOP, No. 20-833, 2021 U.S. Dist. LEXIS 71159 (S.D.N.Y. Apr. 12, 2021) (Engelmayer, J.)

Re:  Request for records concerning 2019 suicide of Jeffrey Epstein

Disposition:  Directing defendant to provide certain records for in camera inspection

  • Exemption 7(A) & Litigation Considerations, In Camera Inspection:  "[T]he Court directs the BOP to provide to the Court, for in camera review, [certain withheld records]."  The court relates that "[i]n support of its withholding under Exemption 7(A), the BOP has cited two pending prosecutions . . . as proceedings that could be disrupted by the disclosure of the withheld documents."  "As discussed at argument, however, the BOP's declarations in support of those withholdings do not provide sufficient detail for the Court to discern which documents implicate which prosecution, or, for at least some of the withheld documents, the 'rational link' between the categories of documents withheld and any likely interference with each case."  The court directs that "[t]hose records, as provided to the Court, should identify which portions of each document were withheld pursuant to which FOIA exemption."  "As to each document withheld under Exemption 7(A), the records produced should specify the portion(s) thereof implicated by each prosecution referred to above."
Court Decision Topic(s)
District Court opinions
Exemption 7(A)
Litigation Considerations, In Camera Inspection
Updated May 5, 2021