p/p

FILEDCLERK'S OFFMTRICT COURT

* JAN 6 - 2017 ★

IN CI^RK'SGFFKJEU.S. DISTRICT COURT E.D.N.Y.

X

BROOKLYN OFFICE

15-CV-7077 (ARR)(RLM)

OPINION AND ORDER

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

MATTATHIAS SCHWARTZ,

Plaintiff,

-against-

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. § 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 plaintiff s 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. Plaintiff and defendants have cross-moved for summary judgment. For the reasons that

follow, plaintiffs motion is denied and defendants' motion is granted in part and denied in part.

Schwartz v. Department of Defense et al Doc. 28

Dockets.Justia.com

/s/(ARR)