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Case 1:15-cv-02117-RDM Document 18 Filed 07/13/16 Page 1 of 3

THE UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF COLUMBIA
__________________________________________
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JASON LEOPOLD,
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Plaintiff,
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v.
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U.S. DEPARTMENT OF JUSTICE
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Defendant.
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__________________________________________)

Case No. 15-cv-02117 RDM

DEFENDANTS STATUS REPORT


Defendant submits this status report to inform the Court about recent
developments that impact the proceedings in this case.
On February 9, 2016 the Court ordered Defendant to file a motion for summary
judgment based on Exemption 7(A) of the Freedom of Information Act (FOIA) on or
before March 25, 2016. See Feb. 9, 2016 Minute Order. That order also stated that [b]y
filing such a motion, Defendant does not waive its right to later assert other FOIA
exemptions. Id. Defendant filed its Motion for Summary Judgment on March 25, 2016
in accordance with the Courts order. See ECF No. 7.
As announced by the Department of Justice and the Federal Bureau of
Investigation (FBI) last week, the FBI is concluding the investigation at issue in
Plaintiffs FOIA request. See July 12, 2016 letter from James A. Baker to Brian J. Egan
(attached as Exhibit 1). Therefore, Defendant no longer seeks summary judgment on the
basis that the FBI properly withheld responsive information pursuant to FOIA Exemption
7(A) or on the basis that the FBI released all reasonably segregable, non-exempt records.

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However, Defendant is still entitled to partial summary judgment regarding the adequacy
of its search for responsive records subject to FOIA.1 See Def.s Mem. of Points and
Authorities in Supp. of Mot. for Summ. J. (Def.s Mem.), ECF No. 7, at 3-7; Reply in
Supp. of Def.s Mot. for Summ. J., ECF No. 16, at 13-17.
To date, the FBI has withheld two categories of documents that are responsive to
Plaintiffs FOIA request. The first category consists of materials retrieved from any
server equipment and related devices obtained from former Secretary of State Hillary
Clinton for the investigation (Request No. 1340452). See Def.s Mem. at 12. These
materials may include agency records of the State Department. See Ex. 1. Therefore, in
accordance with its policies and procedures, the FBI will be providing the retrieved
materials to the State Department for review and determination as to whether they
constitute agency records of the State Department under the Federal Records Act, and for
subsequent FOIA processing as appropriate. Id.; see also 28 C.F.R. 16.4(d)(2).
The second category consists of two records of correspondence between the FBI
and the State Department regarding the investigation (Request No. 1340457). See Def.s
Mem. at 12. The FBI is currently processing these two records to determine whether any
other exemptions apply to information contained in them.
Defendant is still evaluating how this case should proceed given the information
outlined above. Therefore, Defendant proposes to file another status report on or before
July 22, 2016 setting forth its proposal for further proceedings in this case.

The FBI is currently evaluating the appropriate handling of the two ex parte
declarations submitted in support of Defendants Motion for Summary Judgment see
Notice of Lodging of Classified, In Camera, Ex Parte Declaration (ECF No. 8), June 13,
2016 Minute Entry granting Defendants Motion for Leave to Submit In Camera, Ex
Parte Declaration (ECF No. 17).
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Case 1:15-cv-02117-RDM Document 18 Filed 07/13/16 Page 3 of 3

Dated: July 13, 2016

Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
MARCIA BERMAN
Assistant Branch Director
/s/ Jennie L. Kneedler
JENNIE L. KNEEDLER
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave., N.W.
Washington, D.C. 20001
Tel. (202) 305-8662
Fax (202) 616-8470
Email: Jennie.L.Kneedler@usdoj.gov
D.C. Bar # 500261
Attorneys for Defendant

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EXHIBIT 1

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