Schwartz v. Department of Defense et al
OPINION AND ORDER that plaintiff's 22 Motion for Summary Judgment is denied and defendants' 21 Motion for Summary Judgment is granted in part and denied in part. ( Ordered by Judge Allyne R. Ross on 1/5/2017 ) (Guzzi, Roseann)
U.S. DISTRICT COURT E.D.N.Y.
UNITED STATES DISTRICT COURT
* JAN 6 - 2017 5
EASTERN DISTRICT OF NEW YORK
OPINION AND ORDER
DEPARTMENT OF DEFENSE; DEPARTMENT OF
NAVY; NATIONAL SECURITY AGENCY;
FEDERAL BUREAU OF INVESTIGATION;
CENTRAL INTELLIGENCE AGENCY;and
OFFICE OF THE DIRECTOR OF NATIONAL
ROSS, United States District Judge:
Plaintiff, Mattathias Schwartz, brings this action under the Freedom of Information Act
(FOIA),5 U.S.C. § 552. Schwartz, ajoumalist,submitted FOIA requests to the defendant agencies
seeking the release of records that describe the government's rules for monitoring, interrupting,
and censoring proceedings of the military commissions at Guantanamo Bay and the means by
which it implements those rules. Defendants Central Intelligence Agency (CIA) and Department
of Defense(DOD)produced certain records in response to plaintiffs request, but withheld certain
responsive information. Defendant Office of the Director of National Intelligence (ODNI)
searched but found no responsive records. Plaintiff argues that all three agencies failed to conduct
adequate searches to locate responsive records, as they are required to do under the FOIA. Further,
he argues that CIA and DOD improperly withheld information that does not fall within any FOIA
exemption. Plaintiffand defendants have cross-moved for summaryjudgment. For the reasons that
follow, plaintiffs motion is denied and defendants' motion is granted in part and denied in part.
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