Epstein Secrets

R ONLINE LLC and JAMES ROBERSON, Plaintiffs, -v- 17 Civ. 3956 (PGG) FEDERAL BUREAU OF INVESTIGATIONS, Defendant. MEMORANDUM OF LAW IN SUPPORT OF THE FEDERAL BUREAU OF INVESTIGATION'S MOTION FOR SUMMARY JUDGMENT AUDREY STRAUSS United States Attorney Southern District of New York 86 Chambers Street, Third Floor New York, Y rk

aw enforcement proceeding is pending or prospective and (2) release of the information could reasonably be expected to cause some articulable harm." Amnesty Int'l USA v. CIA, 728 F. Supp. 2d 479, 525 (S.D.N.Y. 2010) (internal quotation marks omitted). The term "enforcement proceedings" as used in Exemption 7(A) e

s an online investigative news outlet and Plaintiff Robertson is one of its senior editors. (Id. ¶¶ 2-3) Plaintiffs submitted their FOIA request to the Federal Bureau of Investigation ("FBI") on April 20, 2017. (Id.¶ 10) Plaintiffs received no response, and filed this action on May 25, 2017. (Cmplt. (Dkt. No. 1)) The Amended Comp

n. 1998 WL 726000, at *7 (S.D.N.Y. Oct. 15, 1998) (internal quotation marks omitted); (2) "a law enforcement proceeding is pending or prospective," Amnesty Int'l USA v. C.I.A. 728 F. Supp. 2d 479, 525 (S.D.N.Y. 2010); and (3) "release of the information could reasonably be expected to cause some articulable harm

at 3) "[T]he record establishes that the release of the requested information could reasonably be expected to cause articulable harm." Cui v. Fed. Bureau of Investigation 551 F. Supp. 3d 4, 24 (E.D.N.Y. 2021) This Court concludes that "[t]he [revised] declarations provide[] sufficient detail for the Court to trace a

USION 29 EFTA00027308 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 35 Filed 04/24/20 Page 3 of 34 TABLE OF AUTHORITIES 27 passim Cases Amnesty Int'l USA v. CIA, 728 F. Supp. 2d 479 (S.D.N.Y. 2010) Brady v. Maryland, 373 U.S. 83 (1963) Color of Change v. United States Dep't of Homeland Sec., 325 F. S

e round reports; MCC phone records; personnel records and prior work schedules; and reports and notes of witness interviews prepared by agents from the Federal Bureau of Investigation ("FBI") and the DOJ-OIG who were participating in the investigation.2 Subsequently, the Government made three additional discovery productions, much

ution Claim 24 I .Applicable Law 24 2.Discussion 26 CONCLUSION 29 EFTA00031264 --- PAGE BREAK --- TABLE OF AUTHORITIES Cases 27 passim Amnesty Int'l USA v. CIA, 728 F. Supp. 2d 479 (S.D.N.Y. 2010) Brady v. Maryland, 373 U.S. 83 (1963) Color of Change v. United States Dep't of Homeland Sec., 325 F. S

e round reports; MCC phone records; personnel records and prior work schedules; and reports and notes of witness interviews prepared by agents from the Federal Bureau of Investigation ("FBI") and the DOJ-OIG who were participating in the investigation? Subsequently, the Government made three additional discovery productions, much