Schwartz v. Department of Defense et al

Filing 28

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)

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p/p FILED CLERK'S OFFM IN CI^RK'SGFFKJE TRICT COURT U.S. DISTRICT COURT E.D.N.Y. UNITED STATES DISTRICT COURT * JAN 6 - 2017 5 EASTERN DISTRICT OF NEW YORK X BROOKLYN OFFICE MATTATHIAS SCHWARTZ, 15-CV-7077(ARR)(RLM) Plaintiff, -against- 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 INTELLIGENCE, Defendants. X ROSS, United States District Judge: Plaintiff, Mattathias Schwartz, brings this action under the Freedom of Information Act (FOIA),5 U.S.C. ยง 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. /s/(ARR)

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