Tuesday, February 26, 2019
Pena-Martinez v. DOJ, No. 18-0022, 2019 WL 935324 (D.D.C. Feb. 26, 2019) (Cooper, J.)
Re: Request for records concerning alleged confidential informant
Disposition: Denying defendant's motion for summary judgment
- Exemption 6, 7(C) & 7(D), Glomar: The court holds that, "[u]nder [FOIA, the burden is on the agency to sustain its action.'" "By failing to address facts in the record suggesting [that the third party] testified as a government witness during [plaintiff's] trial and was referred to as an informant, the government has failed to meet its burden" to explain "(1) what constitutes 'official confirmation' of an informant's status and (2) has the FBI 'officially confirmed' [the third party's] status."
Updated March 22, 2019