Campaign Legal Center v. United States Department of Justice


UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) CAMPAIGN LEGAL CENTER, ) ) Plaintiff, ) ) v. ) Civil Action No. 18-0340 (ABJ) ) UNITED STATES DEPARTMENT ) OF JUSTICE, ) ) Defendant. ) ____________________________________) MEMORANDUM OPINION Plaintiff, Campaign Legal Center, submitted a request to the Department of Justice under the Freedom of Information Act, 5 U.S.C. § 552, seeking records relating to “President Trump’s allegations and proposed investigation of ‘widespread voter fraud.’” Compl. [Dkt. # 1] ¶ 1. In response to the request, the government released six pages of responsive records, including an email chain, with partial redactions pursuant to FOIA Exemption 6. See 5 U.S.C. § 552(b)(6). Plaintiff brought this suit against the government on February 13, 2018, challenging only the redaction of the names in the email chain. Compl., “Requested Relief” at 6–7. The government subsequently released two of the names, including the name of the author of the original email, Hans von Spakovsky of the Heritage Foundation. His email, which was ultimately forwarded to Attorney General Jeff Sessions, sought a position on the President’s commission on voter fraud, which he later obtained. Ex. E to Vanessa R. Brinkmann Decl. [Dkt. # 13-2] (“Redacted Email”). The government continues to the withhold the names of three other individuals who received and/or were mentioned in von Spakovsky’s original email on the ground that revealing their identities would constitute an unwarranted invasion of their personal privacy. The government filed a motion for summary judgment, and plaintiff opposed it and filed its own cross motion for summary judgment. Because the Court finds that the public has an interest in knowing about the formation of the Commission, including whether any other individual mentioned in the email was ultimately appointed alongside von Spakovsky, it finds that the release of the three individuals’ names would not constitute an “unwarranted invasion of personal privacy” under 5 U.S.C. § 552(b)(6), and the names are not exempt from release. BACKGROUND The Presidential Advisory Commission on Election Integrity On May 11, 2017, President Trump issued an Executive Order establishing the Presidential Advisory Commission on Election Integrity (“the Commission”). Exec. Order No. 13,799, 82 Fed. Reg. 22,389 (May 11, 2017). The Commission, which was “solely advisory” in nature, was tasked with studying ways to improve the public’s confidence in federal elections and to investigate “vulnerabilities in voting systems and practices . . . that could lead to improper voter registrations and improper voting, including fraudulent voter registrations and fraudulent voting.” Id. The Commission was directed to submit a report to the President with its findings, and it was set to terminate thirty days after submitting the report. Id. at 22,390. In order to accomplish its mission, the Commission was authorized to “hold public meetings and engage with Federal, State, and local officials, and election law experts, as necessary.” Id. at 22,389. The Executive Order states that the Vice President shall chair the Commission, and that the President shall appoint up to fifteen additional members, “who shall ...

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