Manning v. United States DOJ - 234 F. Supp. 3d 26 (D.D.C. 2017)

Rule:

Under Freedom of Information Act Exemption 7(A), an agency may withhold records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information could reasonably be expected to interfere with enforcement proceedings. 5 U.S.C.S. § 552(b)(7)(A). To invoke this exemption, an agency must show that the records were compiled for a law enforcement purpose and that their disclosure (1) could reasonably be expected to interfere with (2) enforcement proceedings that are (3) pending or reasonably anticipated. An ongoing criminal investigation typically triggers Exemption 7(A). So long as the investigation continues to gather evidence for a possible future criminal case, and that case would be jeopardized by the premature release of that evidence, Exemption 7(A) applies.

Facts:

In 2010, the U.S. Army charged Plaintiff Chelsea Manning, then-Private First Class Bradley Manning, with violating U.S. federal and military law for allegedly disclosing classified and confidential information to the online organization WikiLeaks. Manning pleaded guilty to some of the charges in February 2013 and was convicted of others by a military judge in a court-martial in July 2013. Manning now brings this Freedom of Information Act ("FOIA") action against Defendants the U.S. Department of Justice ("DOJ") and the Federal Bureau of Investigation ("FBI"), seeking records related to Defendants' investigation into Plaintiff and others related to the disclosures. This action is before the court on the parties' cross-motions for summary judgment. Defendants contend that they properly withheld all information responsive to Manning’s FOIA request under FOIA Exemption 7(A), which allows agencies to shield law enforcement records from public disclosure if releasing those records would interfere with an ongoing investigation. Manning argues that the FBI improperly withheld records related to her alone because any investigation into her conduct that would justify such withholding must have concluded when she was convicted and sentenced. Further, Manning contends that the agency improperly failed to release any non-exempt, segregable material.

Issue:

Was the withholding of the records under Exemption 7(A) proper?

Answer:

Yes

Conclusion:

The court held that the threshold requirement of Exemption 7(A), the existence of pending law enforcement proceedings, was satisfied because Manning neither offered evidence to contradict an FBI section cheif's assertion that there was an ongoing criminal investigation of persons other than Manning concerning the leak of classified information. The DOJ and FBI satisfied the requirements for using the categorical approach to withholding all records because they showed that the release of information concerning only Manning would interfere with the ongoing investigation of others.