UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA FREEDOM WATCH, INC., Plaintiff, v. No. 18-cv-88 (EGS) ROBERT S. MUELLER III, et al. Defendants. MEMORANDUM OPINION Plaintiff Freedom Watch, Inc., a non-profit organization, brings this action against Defendants Robert S. Mueller III (“Mr. Mueller”), United States Department of Justice (“DOJ”), and Federal Bureau of Investigation (“FBI”) (collectively, “DOJ”) under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. Freedom Watch seeks to obtain certain records from DOJ and the Special Counsel’s Office (“SCO”)—a component of DOJ— concerning the investigation into Russia’s interference in the 2016 presidential election and related matters—specifically, communications to and from the media pertaining to the activities of the FBI, Mr. Mueller, and his staff. Pending before the Court is DOJ’s motion for summary judgment. Upon careful consideration of the motion, opposition, and reply thereto, the applicable law, and the entire record herein, the Court GRANTS DOJ’s Motion for Summary Judgment. I. Background The following facts—drawn from the parties’ submissions—are undisputed, unless otherwise indicated. On May 17, 2017, then- Acting Attorney General Rod J. Rosenstein appointed Mr. Mueller to serve as Special Counsel for DOJ and authorized him to investigate the Russian government’s efforts to interfere in the 2016 presidential election, including any matters arising from that investigation. Defs.’ Ex. 2, ECF No. 36-4 at 25 (Appointment of Special Counsel to Investigate Russian Interference with the 2016 Presidential Election and Related Matters, Order No. 3915-2017). 1 Seven months later, on January 2, 2018, Freedom Watch submitted a FOIA request to DOJ, the FBI, and the SCO, seeking to obtain the following: [D]ocuments and records . . . that refer or relate with regard to communications to and from the media . . . concerning the activities of [Mr.] Mueller and/or his staff as well as the [FBI], concerning the investigation of alleged Russian collusion and related matters concerning the Trump Presidential Campaign and the Trump Transition Team . . . . E.g., id. at 20 (FOIA Request); Defs.’ Statement of Material Facts (“Defs.’ SOMF”), ECF No. 36-5 at 1 ¶ 1; Pl.’s Counter Statement of Material Facts (“Pl.’s SOMF”), ECF No. 37-1 at 2 ¶ 1 When citing electronic filings throughout this Opinion, the Court cites to the ECF page number, not the page number of the filed document. 2 1; Defs.’ Reply to Pl.’s SOMF, ECF No. 38-1 at 1 ¶ 1. 2 Freedom Watch subsequently narrowed its FOIA request to “records of communications to and from the media rather than purely internal communications.” Defs.’ SOMF, ECF No. 36-5 at 1-2 ¶ 2. Before the FBI granted Freedom Watch’s request for expedited processing on January 23, 2018, id. at 2 ¶ 4, Freedom Watch commenced the instant action on January 15, 2018, id. at 2 ¶ 3. DOJ’s Office of Information Policy (“OIP”) informed Freedom Watch that its request for expedited processing had been granted for the records maintained by the SCO and DOJ’s Public Affairs Office (“PAO”) on February 20, 2018. Id. at 2 ...
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