ILN 1:2014cv09416 complaint attachment 10
- Contributed by
- The FOIA Project (Transactional Records Access Clearinghouse)
p. 1
U.S. Department of Justice
Office of Office of Information Policy
Suite 11050
1425 New York Avenue, NW
Washington, DC 20530-0001
Telephone: (202) 514-3642
September 29, 2014
Matthew V. Topic, Esq.
Loevy & Loevy
Suite 100
312 North May Street
Chicago, IL 60607
matt@loevy.com
Re: Appeal No. AP-2014-03844
Request No. 1258574
MTC:TAZ
VIA: E-mail
Dear Mr. Topic:
You appealed on behalf of your client, Ben Baker, from the action of the Federal Bureau
of Investigation on his request for access to records concerning Ronald Watts.
After carefully considering your appeal, I am affirming, on partly modified grounds, the
FBI's action on your client’s request. The Freedom of Information Act provides for disclosure of
many agency records. At the same time, Congress included in the FOIA nine exemptions from
disclosure that provide protection for important interests such as personal privacy, privileged
communications, and certain law enforcement activities. To the extent that non-public
responsive records exist, without consent, proof of death, or an overriding public interest,
disclosure of law enforcement records concerning an individual could reasonably be expected to
constitute an unwarranted invasion of personal privacy. See 5 U.S.C. § 552(b)(7)(C). Because
any non-public records responsive to your client’s request would be categorically exempt from
disclosure, the FBI properly asserted Exemption 7(C) and was not required to conduct a search
for the requested records. See Blackwell v. FBI, 646 F.3d 37, 41-42 (D.C. Cir. 2011) (upholding
agency's refusal to conduct a search for law enforcement records pertaining to named third
parties because such records are categorically exempt from disclosure in the absence of an
overriding public interest). I note that you can obtain public press releases concerning the arrest
and conviction of Mr. Watts on the Department's web site, if you are interested in such material.
Please be advised that this Office's decision was made only after a full review of this
matter. Your appeal was assigned to an attorney with this Office who thoroughly reviewed and
analyzed your appeal, your client’s underlying request, and the action of the FBI in response to
your client’s request.
If your client is dissatisfied with my action on your appeal, the FOIA permits him to file a
lawsuit in federal district court in accordance with 5 U.S.C. § 552(a)(4)(B).
Case: 1:14-cv-09416 Document #: 1-10 Filed: 11/24/14 Page 1 of 2 PageID #:42
Office of Office of Information Policy
Suite 11050
1425 New York Avenue, NW
Washington, DC 20530-0001
Telephone: (202) 514-3642
September 29, 2014
Matthew V. Topic, Esq.
Loevy & Loevy
Suite 100
312 North May Street
Chicago, IL 60607
matt@loevy.com
Re: Appeal No. AP-2014-03844
Request No. 1258574
MTC:TAZ
VIA: E-mail
Dear Mr. Topic:
You appealed on behalf of your client, Ben Baker, from the action of the Federal Bureau
of Investigation on his request for access to records concerning Ronald Watts.
After carefully considering your appeal, I am affirming, on partly modified grounds, the
FBI's action on your client’s request. The Freedom of Information Act provides for disclosure of
many agency records. At the same time, Congress included in the FOIA nine exemptions from
disclosure that provide protection for important interests such as personal privacy, privileged
communications, and certain law enforcement activities. To the extent that non-public
responsive records exist, without consent, proof of death, or an overriding public interest,
disclosure of law enforcement records concerning an individual could reasonably be expected to
constitute an unwarranted invasion of personal privacy. See 5 U.S.C. § 552(b)(7)(C). Because
any non-public records responsive to your client’s request would be categorically exempt from
disclosure, the FBI properly asserted Exemption 7(C) and was not required to conduct a search
for the requested records. See Blackwell v. FBI, 646 F.3d 37, 41-42 (D.C. Cir. 2011) (upholding
agency's refusal to conduct a search for law enforcement records pertaining to named third
parties because such records are categorically exempt from disclosure in the absence of an
overriding public interest). I note that you can obtain public press releases concerning the arrest
and conviction of Mr. Watts on the Department's web site, if you are interested in such material.
Please be advised that this Office's decision was made only after a full review of this
matter. Your appeal was assigned to an attorney with this Office who thoroughly reviewed and
analyzed your appeal, your client’s underlying request, and the action of the FBI in response to
your client’s request.
If your client is dissatisfied with my action on your appeal, the FOIA permits him to file a
lawsuit in federal district court in accordance with 5 U.S.C. § 552(a)(4)(B).
Case: 1:14-cv-09416 Document #: 1-10 Filed: 11/24/14 Page 1 of 2 PageID #:42