explaining that relevant question is whether materials submitted by agency provide “full and specific enough” explanation “to afford the FOIA requester a meaningful opportunity to contest, and the district court an adequate foundation to review, the soundness of the withholding”
How later courts described this case
- explaining that relevant question is whether materials submitted by agency provide “full and specific enough” explanation “to afford the FOIA requester a meaningful opportunity to contest, and the district court an adequate foundation to review, the soundness of the withholding”
- explaining that an FBI record did not automatically satisfy this threshold requirement “simply by virtue of the function the FBI serves” and describing the two-part test employed in this circuit to determine whether this threshold requirement is satisfied
- explaining that agency affidavits must have “adequate representation of context which, when combined with descriptions of deletions, enables de novo review of the propriety of withholding”
- noting that even in the national security context, an agency’s explanation must be “full and specific enough to afford the FOIA requester a meaningful opportunity to contest, and the district court an adequate foundation to review, the soundness of the withholding”
Written by the judges who cited it.
The opinion
STARR, Circuit Judge,
concurring in part and concurring in the judgment:
I concur in the judgment, and agree that this case can appropriately be remanded for further clarification of the Exemption 1 claims of the FBI. I also join Part III of Judge Robinson’s meticulous opinion with respect to the Exemption 7 issue. I am constrained, however, not to join in the remainder of the opinion, especially to the extent that it condemns the Bureau’s use of an indexing system to comply with its FOIA responsibilities.
In some respects, the explanations provided to appellant for non-production of the requested documents were arguably inadequate. In my view, the court is therefore justified in requiring the Bureau to explain more fully the bases for denying production of documents under Exemption 1. Justifying a remand are the peculiar factual circumstances of the case. In particular, the documents requested were created at least 35 years ago; some are as much as 46 years old. Appellant deserves a more detailed explanation of the agency’s reasons for relying on Exemption 1 in these circumstances. Thus, I am in accord with Judge Robinson that a remand for that purpose is in order.
However, I am unable to agree with my colleague’s general condemnation of the Bureau’s indexing system. For one thing, I am unpersuaded that the FBI should be required to begin all over again in crafting an appropriate methodology for setting forth its legal position under Exemption 1. While reasonable minds may differ, I am satisfied that the new approach fashioned by the Bureau should, in most circumstances, pass muster, especially where voluminous documents are at issue in the most sensitive area of FOIA jurisprudence, national security. To be sure, the system could perhaps benefit from further refinement such as reducing the generality of index categories to the extent consistent with legitimate concerns over national se *237 curity. But that being said, I remain of the view that this innovation is useful and helpful; for my part, I would regret very much if it fell into disuse simply by virtue of the remand in this case.