UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA NATIONAL PUBLIC RADIO, INC., et al., Plaintiffs, v. Civil Action No. 1:18-cv-03066 (CJN) FEDERAL BUREAU OF INVESTIGATION, et al., Defendants. MEMORANDUM OPINION In this suit under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, Plaintiffs National Public Radio (NPR) and Rebecca Hersher seek to compel the FBI to release a collection of videos depicting ballistics tests of certain types of ammunition. See generally Am. Compl., ECF No. 10. The FBI claims that the videos are subject to FOIA exemptions authorizing the withholding of law enforcement records that, if made public, might increase the risk of evasion of the law or harm to any individual. See generally Defs.’ Mot. for Summ. J. (“Defs.’ Mot.”), ECF No. 23. Both Parties have moved for summary judgment. Id.; Pls.’ Mot. for Summ. J., ECF No. 24. Because the Court concludes that the claimed exemptions do not apply, it awards summary judgment to NPR and grants it in part and denies it in part to the FBI. I. Background Over the years, NPR has “published a series of reports on the increasing lethality of, and injuries sustained from, common gun ammunition.” Pls.’ Resp. in Opp’n to Defs.’ Mot. for Summ. J. (“Pls.’ Opp’n”) at 1, ECF No. 26. Hersher, an NPR journalist, filed a FOIA request with the FBI in 2018 seeking “video recordings of ballistics tests conducted with common 1 handgun and rifle ammunition, fired into ballistics gelatin, . . . including but not limited to: .9mm (sic) full metal jacket, .9mm (sic) expanding, .22 full metal jacket, and .223 full metal jacket.” Pls.’ FOIA Req. at 2, ECF No. 23-3 at 3. The FBI denied the request in full without conducting a search for responsive records, stating that it would categorically withhold ballistics videos under FOIA Exemption 7(E). See David M. Hardy’s Ltr. of May 22, 2018, ECF No. 23-3 at 9. The FBI denied NPR’s administrative appeal on the same grounds. See Sean R. O’Neill’s Ltr. of Sep. 28, 2018, ECF No. 23-3 at 25–26. NPR and Hersher filed this suit against the FBI and the Department of Justice. See generally Compl., ECF No. 1; see also Am. Compl. The FBI then agreed to conduct a search. See David M. Hardy Decl. (“1st Hardy Decl.”) ¶ 12, ECF No. 23-2. The FBI determined that the records were likely to reside in either the Laboratory Division’s Firearms/Toolmarks Unit or the Training Division’s Defensive Systems Unit Ballistic Research Facility. Id. ¶ 14. The Firearms/Toolmarks Unit indicated that it does not maintain any video records, id., and though it has assisted the Ballistics Research Facility with such tests, it deals only with internal firearm mechanics and does not research ballistics matters once the bullet leaves the gun, David. M. Hardy Decl. (“2d Hardy Decl.”) ¶¶ 8–9, ECF No. 31-1. The FBI therefore confined its search to the Ballistics Research Facility. A Supervisory Special Agent searched the Facility’s shared network drives and a standalone desktop ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals