Pena-Martinez v. DOJ, No. 18-0022, 2019 WL 935324 (D.D.C. Feb. 26, 2019) (Cooper, J.)

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."