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Wilson v. DOJ, No. 13-2053, 2014 WL 2115508 (D.D.C. May 21, 2014) (Boasberg, J.)


Wilson v. DOJ, No. 13-2053, 2014 WL 2115508 (D.D.C. May 21, 2014) (Boasberg, J.)

Re: Request for records concerning conversation between confidential source and third party related to plaintiff's criminal trial

Disposition: Denying defendant's motion for summary judgment

  • Exemption 7(C):  The court "denies summary judgment and will allow [plaintiff's] case to proceed."  The court finds that "[i]t is already public knowledge that [the third party] was captured on the recording, thanks to DOJ's own prior disclosures."  Additionally, the court finds that "[i]t is also public knowledge—again, thanks to DOJ's disclosures—that [the informant] served as an informant in [plaintiffs] case."  "As a result, DOJ has already vitiated any privacy interest that [these two individuals] might have had in concealing the tape's existence."  The court holds that "[t]he Department must, at the very least, confirm or deny that it has a copy of the requested recording."  The court notes that the individuals "may indeed have a privacy interest in protecting the content of documents" responsive to the request," however, they "do[] not have a privacy interest in concealing this status or the existence of [these] documents."   The court finds that "moreover, [the third party] passed away some years ago," and "[w]hile that does not extinguish his and his family's privacy interest entirely, it does undermine the Government's Glomar case."
Court Decision Topic(s)
District Court opinions
Exemption 7(C)
Updated October 6, 2014