N.Y. Times Co. v. FBI, No. 15-4829, 2017 U.S. Dist. LEXIS 188046 (S.D.N.Y. Nov. 7, 2017) (Abrams, J.)

N.Y. Times Co. v. FBI, No. 15-4829, 2017 U.S. Dist. LEXIS 188046 (S.D.N.Y. Nov. 7, 2017) (Abrams, J.)

Re:  Request for summaries of interviews with Umar Farouk Abdulmutallab after he attempted to detonate explosive device on commercial airliner headed to Detroit

Disposition:  Granting defendant's motion for summary judgment

• Exemption 7(A):  "After carefully reviewing the records [plaintiff] seeks to obtain, the Court is persuaded that the remaining portions of the 302s were properly withheld under Exemption 7(A)."  "As a threshold matter, there is no dispute that these records were 'compiled for law enforcement purposes.'"  "Through sworn declarations of three senior FBI officials, as well as testimony from senior FBI officials at ex parte hearings before the Court, the FBI has also carried its burden of demonstrating that the production of these records 'could reasonably be expected to interfere with enforcement proceedings.'"  "The FBI has identified many other 'pending and related national security investigations and prosecutions' that are related to its investigation of Abdulmutallab."  "The FBI has further detailed the ways in which the production of the requested records would interfere with these investigations."  "In particular, the FBI has explained, and the Court has confirmed through in camera review, that the withheld portions of the 302s cross-reference specific national security investigations and prosecutions of other terrorism suspects."
   
• Exemption 7(C):  The court holds that "[t]he FBI was also correct in determining that portions of the 302s are exempt from disclosure under Exemption 7(C)."  The court finds that "[t]he FBI has explained, and the Court has confirmed through in camera review, that several of the withheld 302s provide the names or other identifying information of subjects of investigative interest, FBI Special Agents and support personnel, non-FBI federal government personnel, and other third parties."  "There can be no dispute that names and identifying personal information present privacy concerns under Exemption 7(C)."  "Under the circumstances of this case, the Court concludes that the public's interest in government transparency does not outweigh the privacy interests of the third parties named or identified in the withheld 302s."  "As [plaintiff] notes, the public has a significant interest in understanding governmental activities at issue in this case, including the government's basis for its targeted killings of suspected terrorists, such as Awlaki, and its treatment of individuals detained on terrorism-related charges."  "Here, however, the disclosure of the specific names or other identifying information of third parties mentioned in the withheld records would do little, if anything, to shed light on these activities."
   
• Exemption 1:  "[T]he Court concludes that some information in the withheld 302s is exempt from disclosure under Exemption 1."  "In particular, the FBI has explained that the withheld 302s contain classified file numbers, which may together form a mosaic of the FBI's investigative activities and methods."  "In addition, the Court concludes that the names of individuals depicted in photographs shown to Abdulmutallab were properly withheld under Exemption 1."  "Disclosure of these names would not only alert those who are named that they are under investigation, but would also inform other hostile parties of the progress of the FBI's terrorism investigations."
   
• Waiver:  "[T]he Court concludes that the FBI has not waived the FOIA exemptions applicable to the requested information that remains withheld."  "[Plaintiff] is correct that the government has disclosed a substantial amount of information regarding Abdulmutallab's activities, including his association with Awlaki and his training with al-Queda in the Arabian Peninsula."  "The Court cannot conclude, however, that the information that remains withheld 'matches' or that it 'substantially overlaps' with the information that the government has publicly disclosed while 'add[ing] nothing to the risk.'"