Truthout

MEMORANDUM

Truthout appeals the denial of its request for records under the Freedom of Information Act (FOIA) related to the FBI’s practice of verifying FOIA privacy waivers. The Department of Justice (DOJ) moved for summary judgment, arguing that the requested documents were exempt from disclosure under FOIA Exemption 7E, which applies to “records or information compiled for law enforcement purposes” where disclosure would reveal “techniques and procedures for law enforcement investigations or prosecutions.” 5 U.S.C. § 652 (b)(7)(E). In support of its motion, the DOJ submitted the declaration of David Hardy (“Hardy Declaration”), a Section Chief for the Records Management Division of the FBI. The full declaration was submitted to the court in camera, while a heavily redacted version was filed on the public docket. Truthout moved to strike the Hardy Declaration or, alternatively, file it on the public docket. The district court denied the motion to strike and granted summary judgment in favor of the DOJ, determining that it was unnecessary for Truthout to file an opposition. Truthout' objects to the court’s reliance on the in camera declaration, to the summary judgment ruling,…