Litigation Documents

The court finds that DOJ's classified declaration provides sufficient grounds to believe that no part of the documents can be released. The court is satisfied with the classified declaration and does not feel the need to inspect the documents itself.

"At the conclusion of oral argument in this action on July 26, 2007, the Court indicated from the bench that it was granting the motion of defendant Department of Justice for summary judgment and denying the cross-motion of plaintiff Electronic Frontier Foundation for in camera inspection of the withheld agency records at issue in this case. By this motion, plaintiff apprises the Court of newly available facts relevant to the parties’ motions and respectfully requests reconsideration of the Court’s ruling."

EFF argues that the DOJ has relied upon a non-public filing to say that the documents have been reviewed to determine whether any parts can be released. EFF further argues that the judge should conduct his own examination.

The DOJ argues that there is no reason for a judge to review the documents unless EFF can argue, with evidence, that the DOJ has improperly withheld some information.

The EFF argues that the DOJ has not analyzed the documents to determine whether any portions can be released without harming national security (as FOIA requires). Further, it asks the court to examine the documents itself, in secret.

The Department of Justice argues that the documents requested are classified and essential to national security and are therefore properly withheld under Exemptions One, Three, and Seven of FOIA.