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Keywords

lawsuitplaintiffdefendantappealaffidavitmotionsummary judgmentbad faithmotion for summary judgment

plaintiffdefendantaffidavitmotionbad faith

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Wounded Knee Legal Def./Offense Comm. v. FBI

Facts

On November 23, 2020, a request was made for a background investigation of Alejandro Mayorkas, leading to an FBI investigation that compiled extensive personal information. On January 6, 2023, the plaintiff submitted a FOIA request for records related to Mayorkas's background investigations. The FBI denied the request citing privacy exemptions, which led to the plaintiff's appeal and subsequent lawsuit after the denial was affirmed.

On November 23, 2020, then President-Elect, Joseph R. Biden Jr., designated an official from the Office of the president-Elect Counsel's Office to request a background investigation of Alejandro Mayorkas, the current Secretary of Homeland Security, which initiated a Level I FBI background investigation into Mayorkas. The FBI compiled a background investigation file consisting of several types of information including interviews of the appointee, his neighbors, references, and employers/supervisors/coworkers.

Issue

Did the FBI and DOJ comply with the Freedom of Information Act in their response to the plaintiff's request for background investigation records of Secretary Mayorkas, and were the exemptions claimed for withholding information justified?

Rule

Under FOIA, agencies must disclose records unless they fall under specific exemptions. The agency bears the burden of proving that the information withheld is exempt from disclosure.

Analysis

The court analyzed the FBI's search process and the claimed exemptions, determining that the agency provided sufficient justification for withholding the requested records. The court found that the FBI's affidavits described the justifications for nondisclosure with reasonable specificity and were not contradicted by evidence of bad faith.

Conclusion

The court granted the defendants' motion for summary judgment, concluding that the FBI and DOJ adequately justified their withholding of information under FOIA exemptions.

For the reasons set out below, defendants' motion is granted.

Who won?

Defendants (FBI and DOJ) prevailed because the court found their search adequate and their reasons for withholding information under FOIA exemptions justified.

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