Truthout
Truthout v. Depatment of Justice
Opinion
Lead Opinion
Karlton, J.
ORDER
Plaintiff Truthout sues the U.S. Department of Justice (“DOJ”) under the Freedom of Information Act, 5 U.S.C. § 552 (“FOIA”), seeking the release of certain records withheld by the agency in response to a FOIA request.
The DOJ has moved for summary judgment in its favor, lodging with the court the in camera, ex parte declaration of one David Hardy in support. To date, only a redacted copy of this declaration has been filed on the court’s publicly-accessible electronic docket. Truthout, in turn, has moved the court to order the declaration either stricken or filed publicly.
This matter has been decided on the papers submitted. For the reasons set forth below, the court will deny Truthout’s motion to either strike Hardy’s declaration or order it publicly-filed. Further, based on its review of the declaration, the court will grant the DOJ’s motion for summary judgment.
I. BACKGROUND
A. Factual Background
The following facts are taken from the operative complaint. (ECF No. 1.)
1. Initial FOIA request
Truthout is a nonprofit organization organized under the laws of California. (Complaint ¶ 3.) On April 12, 2011, Truth-out submitted a FOIA request to the Fed *763 eral…