SEARCH

Color of Change v. U.S. Dep't of Homeland Sec.

FOIA Exemption 5 Protects Draft Versions of DHS Intelligence Assessment From Disclosure

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION & ORDER Color of Change and the Center for Constitutional Rights (together, “Plaintiffs”) and the United States Department of Homeland Security (“DHS”) bring dueling motions for partial summary judgment in this Freedom of Information Act (“FOIA”) lawsuit. Plaintiffs seek disclosure of eight draft versions of a never-finalized intelligence assessment, as well as a portion of an e-mail regarding that assessment. DHS contends the documents are protected under FOIA Exemptions 3, 5, and 6. For the reasons that follow, DHS’s motion for partial summary judgment is granted and Plaintiffs’ motion for partial summary judgment is denied.BACKGROUNDI. FactsDHS’s Intelligence & Analysis Office (“I&A”) “gather[s] and share[s] intelligence information in support of DHS’s broader counterterrorism, homeland security, and component-specific missions.” (See Declaration of Arthur R. Sepeta, ECF No. 60 (“Sepeta Decl.”)7.) As part of its mission, I&A “analyze[s] trends in terrorism affecting the United States, including domestic terrorism.” (Sepeta Decl.22.)The documents that Plaintiffs seek are drafts of a proposed intelligence assessment created by an I&A analyst and intern in the spring of 2017. (Sepeta Decl.

18-19, 22-23, 31.) The assessment was titled “(U\\FOUO) Growing Frequency of Race-Related Domestic Terrorist Violence¹,” and it “contemplated a survey of violent, terroristic acts that were driven by race-related extremist ideologies of varying stripes in order to assess developing trends in this space.” (Sepeta Decl.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

British Legal Awards 2024

November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.

Learn More

GlobeSt. Healthcare Real Estate 2024

December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!

Learn More

ThinkAdvisor LUMINARIES Awards 2024

December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.

Learn More

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...

Apply Now ›

Associate Justice- Appellate Division, Palau Supreme Court

The Republic of Palau Judiciary is seeking applicants for one Associate Justice position who will be assigned to the Appellate Division of ...

Apply Now ›

ATTORNEY - REMOTE - NEW YORK

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:

Apply Now ›