Summary
This D.C. Circuit opinion reviews a district court's grant of summary judgment in favor of the FBI in a Freedom of Information Act (FOIA) lawsuit brought by Gary Brown, III. The court held that the FBI's search for witness accounts related to the 2015 San Bernardino terrorist attack was reasonable and adequately construed Brown's request. Additionally, the court found that the FBI properly invoked FOIA Exemptions 6, 7(C), and 7(D) to withhold personally identifiable information and confidential source details, and affirmed the district court's denial of in camera review. Consequently, the appellate court affirmed the lower court's decision.
Topics
Practice areas
Questions Presented
- Whether the FBI’s search for the requested FOIA records was adequate under the Freedom of Information Act.
- Whether the FBI properly withheld records under Exemptions 6, 7(C), and 7(D).
- Whether the district court abused its discretion in denying an in‑camera review of the redacted documents.
Holdings
- The FBI’s search was reasonable and satisfied the FOIA’s good‑faith search requirement; the request is deemed adequately served.
- The FBI properly invoked Exemptions 6 and 7(C) to withhold personal information; the privacy interests outweighed the public interest and the agency provided sufficient justification.
- The FBI’s reliance on Exemption 7(D) was proper because the records contained information from confidential sources whose identities were protected.
- The district court did not abuse its discretion; the denial of in‑camera review was supported by the agency’s detailed declaration and there was no evidence of bad faith.
Key quotations
“Because the FBI reasonably construed Brown’s request and appropriately withheld records exempt from disclosure, we affirm the district court.” (JA 13)
“An agency need not ‘search every record system’ or ‘demonstrate that all responsive documents were found and that no other relevant documents could possibly exist.’” (JA 16)
Factual background
Brown sought FBI records containing witness accounts, narratives, or statements related to the 2015 San Bernardino attack. The FBI conducted a search limited to formal witness interviews (FD‑302 forms), released 406 pages after redacting information under several FOIA exemptions, and later released additional records when the investigation was deemed closed.
Procedural history
Brown filed a FOIA request in 2019 for witness accounts from the 2015 San Bernardino terrorist attack. The FBI provided limited records, invoked Exemptions 6, 7(C), and 7(D), and later released additional records after the investigation closed. The district court granted summary judgment to the FBI; Brown appealed.