MEMORANDUM ORDER On November 15, 2017, New York Times reporter Eric Lipton submitted a FOIA request to the State Department for documents related to a trip that Transportation Secretary Elaine Chao had planned to take to China. A year and a half later, State produced two “families” of email chains that were responsive to Lipton’s request. This production was heavily redacted, however, with State asserting that the redacted communications were protected by the attorney-client privilege and the deliberative process privilege. Both sides now move for summary judgment on the issue of whether the redacted information was properly withheld. After hearing oral argument on the parties’ motions, the Court conducted an in camera review of the contested redactions. Having completed its review, the Court concludes that the redactions were proper, subject to two minor exceptions discussed below. Accordingly, each motion is granted in part and denied in part.BackgroundIn October of 2017, Secretary Chao was planning a trip to China to meet with high-level government officials. The trip ultimately did not occur, Szabat Decl.6, ECF No. 13, and on November 15, 2017, plaintiff Lipton submitted a FOIA request to State requesting documents “related to Transportation Secretary Elaine Chao’s planned visit to China for the 9th U.S.-China Transportation Forum (TF) scheduled to take place in Beijing, China, October 30-31, 2017,” Stein Decl.5, ECF No. 12.Lipton followed up with State throughout 2018 to check in on the progress of the request, but he was repeatedly told that the request “continued to be processed.” Amended Complaint
9-11 (“Compl.”), ECF No. 6. On January 23, 2019, Lipton and the Times filed the instant action, ECF No. 1, and on February 11, they filed their Amended Complaint. Plaintiffs have limited the scope of their request to “ethics complaints made regarding Secretary Chao’s trip.” Compl.8.On April 2 and May 1, State released eight heavily redacted email chains that are part of two different “families” of emails. Stein Decl.
