Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Jefferson v. Dept. of Justice, Office of Professional Responsibility

Office of Professional Responsibility (OPR) was entitled to redact FOIA records pertaining to criminal defendant where information was collected for law enforcement purposes; OPR could not refuse to confirm or deny existence of additional records absent evidentiary support for so-called "Glomar" response.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Argued February 15, 2002

Dissenting opinion filed by Circuit Judge Randolph.

Willie Jefferson appeals the grant of summary judgment to the Justice Department on his request under the Freedom of Information Act (“FOIA”), 5 U.S.C. s 552(a) (1996 & West Supp. 2001), for “any and all records created by and/or received by the … Office of Professional Responsibility (“OPR”) in regards to Assistant United States Attorney (“AUSA”) Jeffrey Scott Downing.” Previously, this court affirmed the grant of summary judgment insofar as Jefferson did not challenge the district court’s segregability determination or the government’s reliance on 5 U.S.C. s 552(b)(2) (“Exemption 2″) and s 552(b)(5) (“Exemption 5″) to redact certain material. Order, May 14, 2001. Thus, the only question now before the court is whether the government properly relied on s 552(b)(7)(C) (“Exemption 7(C)”) in redacting certain other documents that it released to Jefferson, and in refusing “to confirm or deny the existence of any additional responsive records,” the so-called Glomar response. Id. We hold, on de novo review, that the district court correctly concluded that OPR compiled the files that it released to Jefferson for law enforcement purposes, and that the redacted information in these files falls within Exemption 7(C). However, because OPR was not entitled to make a Glomar response as to all of its files in the absence of an evidentiary showing to support that response, we remand the case to the district court to determine whether OPR had nonlaw enforcement files regarding AUSA Downing as of December 2, 1999, the date of OPR’s response to Jefferson’s FOIA request. See Bonner v. Dep’t of State, 928 F.2d 1148, 1152 (D.C. Cir. 1991).

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Middle East Legal Awards 2024
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
BenefitsPRO Broker Expo 2024
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Go to Events Go to Webcasts
Legal Writing & Research Professional

Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...


Apply Now ›
Premises Liability Litigation Attorney Needed (3-6 yr.)

Lower Manhattan firm seeks a premises liability litigator (i.e., depositions, SJ motions, and/or trials) with at least 3-6 years of experien...


Apply Now ›
Deputy District Attorney III

Join the Mendocino County District Attorney s Office and work in Mendocino County home to redwoods, vineyards and picturesque coastline. ...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements