Judicial Watch, Inc. v. U.S. Dep't of State
Judicial Watch, Inc. v. U.S. Dep't of State
Opinion of the Court
I. INTRODUCTION
Neither Plaintiff Judicial Watch nor Defendant U.S. Department of State ("State") is a stranger to litigation regarding whether emails authored by Hillary Clinton and her associates during her tenure as Secretary of State are subject to disclosure under the Freedom of Information Act ("FOIA").
II. FACTUAL BACKGROUND
In March 2015, Judicial Watch submitted a FOIA request to State, seeking "[a]ny and all records that identify the policies and/or procedures in place to ensure that former Secretary of State Hillary Rodham Clinton's personal or charitable financial relationships with foreign leaders, foreign governments, and business entities posed no conflict of interest to her role as Secretary of State." Compl. ¶ 5, ECF No. 1. Judicial Watch also requested "[a]ny and all records concerning, regarding, or related to State Department review of donations to the Clinton Foundation for potential conflicts of interest with former Secretary Clinton's role as Secretary of State." Compl. ¶ 5. Plaintiff confined its request to records generated between January 1, 2009 and January 31, 2013. Compl. ¶ 5. Finding State's response to the requests inadequate in several respects, Judicial Watch filed the present lawsuit. With Judicial Watch's suit pending, State announced *103that it had completed its records search and that its search had yielded sixteen responsive documents. See Decl. of Eric F. Stein ("First Stein Decl.") ¶ 6, ECF No. 28-2. Of the sixteen documents, State released six documents but withheld-in part or in full-the other ten documents. First Stein Decl. ¶ 6.
Six of the withheld records had been originally generated by non-State employees in the course of preparing Clinton-at the time, nominee for Secretary of State-and prospective State Department Legal Adviser Harold Hongju Koh for their respective Senate confirmation hearings. See First Stein Decl. ¶¶ 34, 36, 43. Document C05867882 in an undated two-page draft letter from not-yet-Secretary Clinton to Deputy Legal Adviser and Designated Agency Ethics Official James Thessin regarding the Secretary's "ethics undertakings," if she were to be confirmed as Secretary of State. See Third Decl. of Eric F. Stein ("Third Stein Decl.") ¶ 4, ECF No. 41-2. A final version of that document was released to Judicial Watch. Third Stein Decl. ¶ 4. Document C05892232 is a five-page email exchange from Clinton's Deputy Chief of Staff Jacob Sullivan to Assistant Secretary of State for Legislative Affairs Richard Verma, dated April 20, 2009, forwarding a January 13, 2009, message from Cheryl Mills to Clinton that contains proposed talking points for addressing ethical considerations in Clinton's Senate confirmation hearing. Third Stein Decl. ¶ 5. The contents of the underlying message had been forwarded to Verma for consideration for use in preparation for another nominated individual's Senate confirmation hearing for a Department position. First Stein Decl. ¶ 36. Document C05892233 is a five-page email exchange from Sullivan to Verma, dated April 20, 2009, forwarding a January 12, 2009 message from Sullivan to Clinton's Senior Advisor Philippe I. Reines. Third Stein Decl. ¶ 6. The underlying message circulated for comments proposed talking points for addressing the ethical considerations that are contained in Document C05892232. Third Stein Decl. ¶ 6. The message was forwarded to Verma for consideration for use in preparing for another nominated individual's confirmation hearing for a State position. First Stein Decl. ¶ 37. Document C05892234 is an undated four-page document that contains a revised version of proposed talking points for addressing ethical considerations that are contained in documents C05892232 and C05892233. Third Stein Decl. ¶ 7. Document C05892235 is an eight-page document dated January 12, 2009, which contains nine questions for the record from former Senator Russ Feingold for Clinton relating to her confirmation hearing as Secretary of State and Clinton's proposed responses to the questions. Third Stein Decl. ¶ 8. Finally, Document C05892237 is an undated sixty-five page document that contains forty pre-hearing questions submitted by Senator Richard Lugar for Legal Advisor-Designate Koh and Koh's proposed responses. Third Stein Decl. ¶ 9.
In mid-2016, the parties each moved for summary judgment. See Def.'s Mot. Summ. J., ECF No. 28; Pl.'s Cross-Mot. Summ. J., ECF No. 29. The original round of summary judgment briefing raised questions about the adequacy of State's search; the propriety of State's decision to withhold under FOIA Exemption 5 records that were generated in preparing the nominees for their confirmation hearings; whether certain disputed documents included reasonably segregable factual information that is subject to release; and whether State had properly withheld under FOIA Exemption 6 private email addresses contained in responsive documents.
*104First, the Court concluded that State had conducted a search that was, in most respects, adequate. Judicial Watch, Inc. v. U.S. Dep't of State ("Judicial Watch I "), No. 15-cv-688,
Next, the Court addressed State's withholdings. With respect to State's invocation of FOIA Exemption 5's deliberative process privilege to shield six records developed in preparation for the confirmation hearings, the Court found that State had not adequately tackled in its submissions whether the documents related to any State Department policies and goals. Id. at *10. The Court questioned "whether the issues a prospective official is facing in her pursuit of public office fall within the gamut of an agency's policies such that deliberation of them is shielded by Exemption 5." Id. (emphasis in original). Accordingly, the Court denied both parties' motions for summary judgment, but permitted the parties to renew their motions. Id. The Court asked that the parties' renewed motions more fully brief the issue of State's policy interests in such matters and that, if warranted, the briefing should supplement the factual record with context that might assist the Court in assessing whether any FOIA exemptions apply. Id.
Regarding the purported segregablility of factual information in the challenged documents, the Court agreed with Judicial Watch that certain information was subject to release. Id. Finally, addressing the parties' dispute about whether State had properly withheld email addresses, the Court explained that while individuals have substantial privacy interests that militate against disclosure of their full email addresses, the domain extensions of private email addresses do not trigger considerable privacy interests. Id. at *11. Accordingly, the Court ordered State to release "email domain extensions that, based on previous releases, could not be used to infer the full email addresses." Id.
Since the Court issued its prior Opinion, State has conducted a search of Ms. Abedin's records and has produced responsive documents to Judicial Watch's satisfaction. Mem. Supp. Def.'s Renewed Motion Summ. J. ("Def.'s Renewed MSJ") at 3 n.5, ECF No. 41-1; Pl.'s Mem. L. Opp'n Def.'s Renewed Mot. Summ. J. & Supp. Pl.'s Second Cross-Mot. Summ. J. ("Pl.'s Renewed MSJ") at 1, ECF No. 42-1. A live controversy remains, however, regarding the six documents-marked C05867882, C05892232, C05892233, C05892234, C05892235, and C05892237-that relate to the Clinton and Koh Senate confirmation hearings. State renews its claim that these documents are properly shielded by FOIA Exemption 5. See Def.'s Renewed MSJ at 4-8. Unsurprisingly, Judicial Watch again disputes that contention. See Pl.'s Renewed MSJ at 3-6. In addition, State asserts that it has determined that none of the redacted email domain extensions can be released because, based on State's prior releases, this information could be used to infer the full email addresses, compromising the privacy of the individuals to whom the email addresses belong. See Def.'s Renewed MSJ at 8-10. Judicial Watch initially objected to State's withholding of the email domain extensions, but it has since abandoned any challenge to State's refusal to release this information. See Pl.'s Reply Supp. Second Cross-Mot. Summ. J. ("Pl.'s Reply") at 2, ECF No. 46. Having inspected the disputed documents in camera , the Court takes up the parties' renewed cross-motions.
*105III. LEGAL STANDARD
FOIA "sets forth a policy of broad disclosure of Government documents in order 'to ensure an informed citizenry, vital to the functioning of a democratic society.' " FBI v. Abramson ,
"FOIA cases typically and appropriately are decided on motions for summary judgment." Defenders of Wildlife v. U.S. Border Patrol ,
To carry its burden, the agency must provide "a relatively detailed justification, specifically identifying the reasons why a particular exemption is relevant and correlating those claims with the particular part of the withheld document to which they apply." Elec. Privacy Info. Ctr. v. U.S. Drug Enf't Agency ,
IV. ANALYSIS
The present round of summary judgment briefing presents two issues: (1)
*106whether State properly invoked FOIA Exemption 5 to justify withholding six disputed records, all of which were originally generated by non-State employees in the course of preparing Secretary of State nominee Clinton and Legal Adviser-Designate Koh for their respective confirmation hearings; and (2) whether State has demonstrated that FOIA Exemption 6 shields the domain extensions of private email addresses that appear in responsive records. As explained below, the Court is convinced that State has successfully discharged its FOIA obligations and, accordingly, the Court will enter summary judgment in State's favor.
A. Records Withheld Under FOIA Exemption 5
State contends that it has properly withheld six disputed records pursuant to FOIA Exemption 5's deliberative process privilege. The Court agrees. The Court sets out the legal standard for applying FOIA Exemption 5 to records produced or distributed by non-agency personnel then applies that standard to the disputed documents.
1. Legal Standard
FOIA Exemption 5 protects "inter-agency or intra-agency memorandums or letters that would not be available by law to a party ... in litigation with the agency."
a. "Inter-Agency or Intra-Agency"
FOIA defines "agency" as "any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency."
First, under what has become known as the "consultant corollary," records exchanged between an agency and outside consultants qualify as "intra-agency" for purposes of Exemption 5 if (1) the agency solicited the records from the non-agency party or there exists "some indicia of a consultant relationship between the outsider and the agency," see NIMJ ,
In Department of Interior v. Klamath Water Users Protective Association , the Supreme Court added some flesh to the consultant corollary's bones, clarifying that an outside party is not acting as a consultant for the purposes of Exemption 5 when it "represent[s] an interest of its own, or the interest of any other client." Klamath ,
Separate from the consultant corollary, the Circuit has embraced application of Exemption 5 where an agency has withheld records it sent to or received from non-agency Executive Branch entities that advise and assist the President. In Judicial Watch, Inc. v. U.S. Department of Energy , FOIA requesters sued various agencies, arguing that the agencies had violated the disclosure requirements of FOIA by withholding agency records related to the National Energy Policy Development Group ("NEPDG"), an entity created to advise and assist the President on national energy policy.
The district court agreed on both counts, concluding that the records in question were not protected by Exemption 5. Id. at 315-16. The court explained that "where [an] agency is responding to an outside request for information in connection with a non-agency's decision-making, such communications would be protected only if an agency decision can also be identified." Id. at 315. Because the records "were not received or created to assist the agencies 'in the performance of [their] own functions,' Klamath Water Users ,
The D.C. Circuit affirmed in part, reversed in part, and remanded the case to the district court. See Judicial Watch, Inc. ,
The upshot of the Circuit's precedents appears to be that the "inter-agency or intra-agency" designation applies to (1) records exchanged between and among entities defined as agencies under FOIA, (2) records exchanged between an agency and a non-agency Executive Branch entity that advises and assists the President, and (3) records exchanged between an agency that is subject to FOIA and consultants advising that agency on its policy matters.
b. Deliberative Process Privilege
Even if a document qualifies as inter-agency or intra-agency, it must also fall within the ambit of a privilege against discovery for Exemption 5 to apply. In this case, State relies entirely on the deliberative process privilege, which "protects 'documents reflecting advisory opinions, recommendations and deliberations comprising part of a process by which government decisions and policies are formulated.' " Loving v. U.S. Dep't of Def. ,
"To fall within the deliberative process privilege, materials must bear on the formulation or exercise of agency policy-oriented judgment ." Petroleum Info. Corp. v. U.S. Dep't of Interior ,
2. Application
All six disputed documents that State has withheld under the deliberative process privilege-C05867882, C05892232, C05892233, C05892234, C05892235, and C05892237-contain materials originally generated in preparation for the respective Senate confirmation hearings of Secretary of State nominee (and then-Senator) Hillary Clinton and Legal Adviser-Designate Harold Hongju Koh. See First Stein Decl. ¶¶ 34, 36-38, 42-43. State argues that the records-all of which were apparently drafted by individuals who were not employed by any entity regarded as an agency under FOIA-qualify for protection under the deliberative process privilege. State explains that all of these documents were created to prepare prospective high-level State Department officials "to understand relevant issues and to be ready to lead the agency upon his or her confirmation." Def.'s Renewed MSJ at 5. According to State, the disputed documents were generated "(1) to develop arrangements to ensure that a proposed Department head will avoid any potential ethics conflicts, and (2) in response to senatorial inquiries of two high-ranking State nominees, made in the Senate's oversight capacity, to align these nominees' proposed responses to established Department policy positions." Def.'s Renewed MSJ at 5. State argues that such materials should qualify for protection under Exemption 5 because the subject matter of the documents fairly relates to State Department policies and goals. Def.'s Renewed MSJ at 5. Judicial Watch disagrees, asserting that "agency discussions with a future official about his or her confirmation hearing are not exempt under FOIA." Pl.'s Renewed MSJ at 4. Judicial Watch argues that Clinton's emails to State-and communications sent by her staff-might show that she asked State for assistance in juggling her potential conflicts of interest, but her emails do not show that State consulted her on any agency decision. See Pl.'s Renewed MSJ at 4-5.
As the Court clarified above, D.C. Circuit precedent counsels that the "inter-agency or intra-agency" designation applies to (1) records exchanged between or among entities defined as agencies under FOIA, (2) records exchanged between an agency that is subject to FOIA and non-agency Executive Branch entities that were created to advise and assist the President, and (3) records exchanged between an agency that is subject to FOIA and consultants advising that agency on its policy matters. The parties do not appear to argue that either of the first two bases might apply here. Accordingly, the Court limits its analysis to whether the consultant *111corollary protects the six disputed documents. As explained below, the Court concludes that State's Exemption 5 withholdings are proper and that the agency is entitled to summary judgment.
Under the consultant corollary, exchanges between an agency and outside consultants qualify as "intra-agency" for purposes of Exemption 5 if (1) the agency solicited the records from the non-agency party or there exists some indicia of a consultant relationship between the outsider and the agency, and (2) the records were created for the purpose of aiding the agency's deliberative process. The Court finds that both conditions are met here.
First, this Court concludes that the "solicited" condition is met under the circumstances of this case. In National Institute of Military Justice v. U.S. Department of Defense ,
Here, the Court does not doubt and finds reasonable State's claims that an agency and a nominee to a high-level agency position must and will engage in communications to align their messages, discuss logistics, and prepare the agency for new leadership. See Pl.'s Renewed MSJ at 4-5. In light of the Circuit's precedents, this Court finds that the fact that an individual has been nominated to a high-level agency position suffices to trigger a consulting relationship under the consultant corollary. That relationship must extend not only to the nominee but also to those acting on behalf of a nominee. Judicial Watch does not seem to contest that the documents were created by individuals who were acting on behalf of nominees and that they were created at a time when the president had already nominated the nominees and the nominees were proceeding through their respective Senate confirmation processes. The Court, accordingly, concludes that the "solicitation" requirement is met under the circumstances of this case.
Having found that all of the disputed records qualify as solicited, the Court next considers whether the records were created *112for the purpose of aiding the agency's deliberative processes. This Court recognizes that it is not always readily apparently whether a record was created for the purpose of aiding an agency's decisionmaking processes or for some other reason. Cf. Competitive Enter. Inst. v. Office of Science and Technology Policy ,
Before considering the deliberative processes at issue in each disputed document, it bears mentioning the several overarching considerations underlying this Court's conclusion. First, the Court finds logical and reasonable State's explanation that an agency has a vested interest in preparing nominees for high-level agency positions to address potential conflicts of interests and to be ready to lead upon confirmation. In Association for Women in Science v. Califano ,
In the absence of a promise of confidentiality upon which they can rely, significant numbers of individuals might not apply for governmental positions, or perhaps worse, might apply, but fail to disclose information which could give evidence of a potential conflict of interest. At a time when public confidence in the institutions of government has been sharply eroded, it is imperative that the Executive indeed all branches of government be permitted to utilize every possible means to prevent further erosion.
An agency has an interest in preventing the upheaval and distraction that would likely result if potential conflicts were identified only after confirmation. And agency personnel can hardly be expected to twiddle their thumbs and hope that either a nominee will reveal potentially sensitive information irrespective of who might access it or that such information *113will come out in the course of Senate questioning and that a nominee's private staff will have prepared her adequately to field such inquiries. These concerns, this Court believes, go to the heart of the deliberative process privilege, which "rests on the obvious realization that officials will not communicate candidly among themselves if each remark is a potential item of discovery and front page news." Klamath ,
Second, the Court finds equally logical and reasonable State's contention that it has an interest in discussing policy matters with nominees to high-level agency positions-prospective agency decisionmakers-to "align these nominees' proposed responses to established Department policy positions." See Def.'s Renewed MSJ at 5. As revealed in released portions of the disputed documents at issue here, nominees prepare not only to field questions regarding their experiences, their qualifications, and their past statements, but also to describe a vision for the future of the agency. This Court imagines such questions are not easily answered without some conception of what is feasible, what has already been considered, and what programs might be coming down the pike, among other things. To expose discussions intended to align a nominee's proposed responses with an agency's existing policies might prematurely disclose proposed policies and might create "public confusion through the disclosure of documents suggesting reasons for policy decisions that were ultimately not taken." Judicial Watch, Inc. ,
Third, Judicial Watch seems to concede that some communications between an agency and a nominee regarding the nominee's plans might qualify as deliberative. See Pl.'s Reply at 1 (arguing that a communication "advising a nominee about the possible ways of establishing future ethics walls or screens to accommodate the nominee's potential conflicts of interest" would be the "one kind of communication between an agency and a pre-confirmation nominee that would be both deliberative and related to agency policy goals"). But the guidelines Judicial Watch proposes are overly rigid. It defies common sense to think that communications from an agency to a nominee advising about potential conflicts of interest should be protected but that communications from the nominee supplying the underlying information that would serve the basis for the agency's advice must be disclosed. This Court does not believe that the fact that agency-nominee communications involve more than obviously unidirectional advice to the agency should defeat an agency's claim that the consultant corollary applies. All such communications are part of a fluid process that furthers the nominee's and the agency's shared interest in the nominee's smooth transition to power.
Finally and critically, application of the consultant corollary to communications generated as part of the process of preparing a nominee to a high-level agency position does not violate the rule established in Klamath . As explained above, in Klamath , the Supreme Court declined to fully endorse the consultant corollary or to clarify its reach, explaining only that "the intra-agency condition excludes, at the least, communications to and from an interested party seeking a Government benefit at the expense of other applicants." Klamath ,
Having set out these general principles, the Court considers the specific deliberative processes at issue in each of the disputed documents.
a. C05867882
Document C05867882 is an undated two-page draft letter from Hillary Clinton, then a Senator, to Deputy Legal Adviser and Designated Agency Ethics Official James Thessin regarding Clinton's "ethics undertakings," if she were to be confirmed as Secretary of State. Third Stein Decl. ¶ 4. The draft features "proposed revisions and red-line edits," suggestions presumably offered by State to Clinton. First Stein Decl. ¶ 34.
The Court concludes that this document qualifies as predecisional and deliberative. The document is deliberative because it served as "a direct part" of the collaborative process of assessing how a prospective agency head should manage potential conflicts of interest. Vaughn v. Rosen ,
b. C05892232, C05892233, and C05892234
Document C05892232 is a five-page email exchange from Clinton's Deputy Chief of Staff Jacob Sullivan to Assistant Secretary of State for Legislative Affairs Richard Verma, dated April 20, 2009, forwarding a January 13, 2009, message from Cheryl Mills to Clinton that contains proposed talking points for addressing ethical considerations in Clinton's Senate confirmation hearing. Third Stein Decl. ¶ 5. Document C05892233 is a five-page email exchange from Sullivan to Verma, dated April 20, 2009, forwarding a January 12, 2009 message from Sullivan to Clinton's Senior Advisor Philippe I. Reines. Third Stein Decl. ¶ 6. The contents of both messages were forwarded to Verma for consideration for use in preparing for another nominated individual's Senate confirmation hearing for a State Department position. First Stein Decl. ¶¶ 36-37. Document C05892234 is an undated four-page document that contains a revised version of proposed talking points for addressing ethical considerations that are contained in documents C05892232 and C05892233. Third Stein Decl. ¶ 7.
The Court concludes that State has met its burden of showing that these records were generated to aid with an agency policy deliberation and that the documents *115were predecisional. Courts in this jurisdiction have repeatedly concluded that talking points prepared for use in congressional testimony are deliberative and predecisional documents subject to FOIA Exemption 5. See, e.g., Competitive Enter. Inst. v. EPA ,
In addition, one of Stein's declarations establishes that Sullivan forwarded both messages in Documents C05892232 and C05892233 to State so that State could use the contents to prepare for an official's Senate confirmation. First Stein Decl. ¶¶ 36-37. It is apparent that State asked for Sullivan's assistance on a matter on which an employee would otherwise advise the agency-namely, matters related to preparation for a confirmation hearing. There is no indication that when Sullivan supplied this information, he might have been acting in any purely self-interested capacity. This too provides a sufficient basis for finding that these documents were part of agency deliberative processes. The Court grants State's motion for summary judgment with regard to C05892232, C05892233, and C05892234.
e. C05892235 and C05892237
Document C05892235 is an eight-page document dated January 12, 2009, which contains nine questions for the record from former Senator Russ Feingold for Clinton relating to her confirmation hearing as Secretary of State and Clinton's proposed responses to the questions. Third Stein Decl. ¶ 8. Document C05892237 is an undated sixty-five page document that contains forty pre-hearing questions submitted by Senator Richard Lugar for Legal Advisor-Designate Koh and Koh's proposed responses. Third Stein Decl. ¶ 9. State contends that both documents contain "response[s] to senatorial inquiries of two high-ranking State nominees, made in the Senate's oversight capacity, to align these nominees' proposed responses to established Department policy positions." Def.'s Renewed MSJ at 5.
The Court need not belabor its analysis. As with talking points, draft responses generated by a nominee and an agency that deliberate about how to respond to questions from Congress about matters of agency policy qualify as deliberative and predecisional.
* * *
State has met its burden of showing that all six disputed records qualify as "inter-agency or intra-agency" and that all six documents are deliberative and predecisional. Furthermore, the Court finds that none of the disputed documents contain reasonably segregable material. See Sussman v. U.S. Marshals Serv. ,
B. Records Withheld Under FOIA Exemption 6
Judicial Watch also initially sought disclosure of the domain extensions of non-state.gov email addresses contained in two of the above documents-C05892232 and C05892233. State contends that it cannot release the domain extensions without compromising substantial third-party privacy interests. Because Judicial Watch has since abandoned its challenge to these withholdings and because, in any event, the Court concludes that State has shown that FOIA Exemption 6 protects the email domain extensions, the Court enters summary judgment for State regarding these withholdings.
FOIA exempts "personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy."
In the prior round of summary judgment briefing in this case, this Court considered Judicial Watch's request for the private email addresses contained in responsive records. See Judicial Watch I , No. 15-cv-688,
State again seeks summary judgment on the basis of personal privacy, asserting that it has determined that none of the email domain extensions featured in the responsive records can be released as the information can be used to infer the full email addresses. In support of this claim, it supplies a declaration clarifying that the prefix for an email address belonging to Jacob Sullivan has already been publicly released on the State Department website. Third Stein Decl. ¶ 16. Judicial Watch initially argued that State had not met its burden because State had not supplied a link and identified a specific document where the corresponding email prefix was published. Pl.'s Renewed MSJ at 6-7. Judicial Watch abandoned its challenge to State's withholding of the email domain extensions, however, after State supplied such information. Pl.'s Reply at 2.
Even if Judicial Watch had not abandoned its request, the Court would find that State has met its burden. Having reviewed the disputed documents in camera , it is apparent to the Court that State has already released to Judicial Watch the email prefixes for every email address appearing in the disputed documents except for the one belonging to Jacob Sullivan. Thus, the Court has no trouble concluding that the domain extensions for these addresses are not subject to release because, as the Court observed in its prior Opinion, "a keen observer could piece together the redacted documents to ascertain the full email addresses. See Judicial Watch I , No. 15-cv-688,
V. CONCLUSION
For the foregoing reasons, Defendant's renewed motion for summary judgment is GRANTED , and Plaintiff's renewed cross-motion for summary judgment is DENIED . An order consistent with this Memorandum Opinion is separately and contemporaneously issued.
See, e.g., Judicial Watch, Inc. v. U.S. Dep't of State ,
Judicial Watch also initially requested the domain extensions of certain private email addresses that are included in two of the records. State has withheld them, contending that disclosure would unjustifiably invade the personal privacy of the individuals to whom the email addresses belong. Because Judicial Watch has since abandoned its challenge to those withholdings and because, in any event, the Court concludes that State has shown that FOIA Exemption 6 protects the email domain extensions, the Court also enters summary judgment for State regarding those withholdings.
Indeed, because final responses to these written queries are publicly available, it appears that all Judicial Watch hopes to gain from accessing the draft responses is insight into the deliberative process. See Hearing on the Nomination of Hillary R. Clinton to be Secretary of State Before the Comm. on Foreign Relations , 111th Cong. 192-95 (2009), https://www.gpo.gov/fdsys/pkg/CHRG-111shrg54615/pdf/CHRG-111shrg54615.pdf; Hearing on the Nomination of Harold H. Koh to be Legal Adviser to the Department of State , 111th Cong. 33-47 (2009), https://www.gpo.gov/fdsys/pkg/CHRG-111shrg65250/pdf/CHRG-111shrg65250.pdf.
Reference
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- JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF STATE
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- 26 cases
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- Published