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The United States District Court for the District of Columbia has granted the Defendants’ motion for summary judgement. Read the memorandum opinion below.

On January 3, 2018, CREW filed a lawsuit under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, challenging the failure of the U.S. Department of Justice (DOJ) to respond to its request for expedition of its FOIA request seeking communications concerning DOJ’s decision to invite reporters to DOJ on December 12, 2017, to share with them private text messages from two former FBI investigators on Special Counsel Robert Mueller’s team that are part of an ongoing investigation by DOJ’s Office of the Inspector General.

This case seeks declaratory relief that DOJ is in violation of the FOIA for failing to respond to CREW’s request for expedition and for injunctive relief ordering defendant DOJ to grant the expedition request and to process and release to CREW immediately the requested records in their entirety.

The public has a clear and pressing interest in learning whether the leak was properly authorized and the extent to which the interests of the texts’ authors, the inspector general, and DOJ’s interests in the orderly administration of justice were appropriately considered and protected. Only through the full disclosure of the facts and circumstances surrounding this decision can the public have confidence in the actions and integrity of the Justice Department.

Lawsuit Documents

  • Complaint
    January 3, 2018
    Read here
  • Amended Complaint
    January 16, 2018
    Read here
  • Defendant's Answer to Amended Complaint
    February 2, 2018
    Read here
  • Joint Status Report
    May 16, 2018
    Read here
  • Joint Status Report
    August 29, 2018
    Read here
  • Exhibits A & B - Joint Status Report
    August 29, 2018
    Read here
  • Defendant's Motion for Summary & Memorandum
    October 26, 2018
    Read here
  • Statement of Facts
    October 26, 2018
    Read here
  • Declaration of Deborah Waller
    October 26, 2018
    Read here
  • Declaration of Vanessa Brinkmann
    October 26, 2018
    Read here
  • Memorandum in Opposition to Defendant's Motion
    November 16, 2018 - Memorandum in Opposition to Defendant's Motion for Summary Judgement, Statement of Facts, and Exhibits
    Read here
  • Memorandum in Opposition to Plaintiff's Motion
    December 7, 2018 - Memorandum in Opposition to Plaintiff's Motion for Summary Judgement
    Read here
  • Memorandum Opinion
    May 26, 2020
    Read here

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