EFTA00015219.pdf

Author: CGM Reviewed: TLC 3/10/21, 3/11/21 Deliberative Process/Attorney-Client/Attorney Work Product Privileged IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK RADAR ONLINE LLC and JAMES ROBERTSON, Plaintiffs, v. FEDERAL BUREAU OF INVESTIGATION, Defendant. Civil Action No. 1:17-cv-03956-PGG DECLARATION OF MICHAEL G. SEIDEL I, Michael G. Seidel, declare as follows: (1) I am the Section Chief of the Record/Information Dissemination Section ("RIDS"), Information Management Division ("IMD"), Federal Bureau of Investigation ("FBI"), Winchester, Virginia. I joined the FBI in September 2011, and prior to my current position, I was the Acting Section Chief from May 26, 2020 to July 26, 2020; Assistant Section Chief of RIDS from June 2016 to May 25, 2020; Unit Chief, RIDS Litigation Support Unit from November 2012 to June 2016; and an Assistant General Counsel, FBI Office of General Counsel, Freedom of Information Act ("FOIA") Litigation Unit, from September 2011 to November 2012. In those capacities, I had management oversight or agency counsel responsibility for FBI FOIA and Privacy Act ("FOIPA") litigation cases nationwide. Prior to my joining the FBI, I served as a Senior Attorney, U.S. Drug Enforcement Administration ("DEA") from September 2006 to September 2011, where among myriad legal responsibilities, I advised on FOIPA matters and served as agency counsel representing the DEA in FOIPA suits nationwide. I also served as a U.S. Army Judge Advocate General's Corps Officer in various assignments from 1994 to 1 EFTA00015219 Author: CGM Reviewed: TLC 3/10/21, 3/11/21 Deliberative Process/Attorney-Client/Attorney Work Product Privileged September 2006 culminating in my assignment as Chief, General Litigation Branch, U.S. Army Litigation Division where I oversaw FOIPA litigation for the U.S. Army. I am an attorney registered in the State of Ohio and the District of Columbia. (2) In my official capacity as Section Chief of RIDS, I supervise approximately 237 FBI employees, supported by approximately 91 contractors, who staff a total of ten (10) FBI Headquarters ("FBIHQ") units and two (2) field operational service center units whose collective mission is to effectively plan, develop, direct, and manage responses to requests for access to FBI records and information pursuant to the FOIA as amended by the OPEN Government Act of 2007, the OPEN FOIA Act of 2009, and the FOIA Improvement Act of 2016; the Privacy Act of 1974; Executive Order 13,526; Presidential, Attorney General, and FBI policies and procedures; judicial decisions; and Presidential and Congressional directives. The statements contained in this declaration are based upon my personal knowledge, upon information provided to me in my official capacity, and upon conclusions and determinations reached and made in accordance therewith. (3) Because of the nature of my official duties, I am familiar with the procedures followed by the FBI in responding to requests for information from its files pursuant to the provisions of the FOIA, 5 U.S.C. § 552, and the Privacy Act of 1974, 5 U.S.C. § 552a. Specifically, I am aware of the FBI's handling of Plaintiff James Robertson's FOIA request for records related to the FBI's investigation and prosecution of financier Jeffrey Edward Epstein. In response to Plaintiff's request, the FBI processed on a document-by-document basis a total of 11,571 pages of responsive records. Of these pages, the FBI released 181 pages in full, released 1,051 pages in part, and withheld 10,339 pages in full for the following reasons: the information in those pages was exempt from disclosure pursuant to one or more applicable FOIA 2 EFTA00015220 Author: CGM Reviewed: TLC 3/10/21, 3/11/21 Deliberative Process/Attorney-Client/Attorney Work Product Privileged Exemption(s); the pages were found to be duplicative of other pages accounted for elsewhere in the FBI's production; and/or the pages are sealed pursuant to United States Court order and thus unavailable for release through the FOIA. In addition to the 11,571 processed pages, the FBI also categorically withheld additional records pursuant to Exemption 7(A). See infra FN 7. (4) In accordance with Vaughn v. Rosen, 424 F.2d 820 (D.C. Cir. 1973), this declaration is being submitted in support of Defendant's motion for summary judgment, and provides the Court with a summary of the administrative history of Plaintiff's request; the procedures used to search for, review, and process responsive records; the FBI's justification for withholding information in part or in full pursuant to FOIA Exemptions 3, 5, 6, 7(A), 7(C), 7(D), and 7(E), 5 U.S.C. §§ 552(b)(3), (b)(5), (b)(6), (b)(7)(A), (bX7)(C), (b)(7)(D), and (b)(7)(E); and the FBI's procedures for reviewing records that were categorically exempt pursuant to Exemption (7)(A). BACKGROUND INFORMATION CONCERNING JEFFREY EDWARD EPSTEIN (5) In June 2008, Jeffrey Epstein pled guilty to a criminal charge of procuring prostitution of a minor. Epstein served 13 months of his 18-month sentence. On July 2, 2019, Jeffrey Epstein was indicted by a federal grand jury in the United States District Court for the Southern District of New York on one count of conspiracy to commit sex trafficking, in violation of 18 U.S.C. § 371, and one count of sex trafficking, in violation of 18 U.S.C. §§ 1591(a), (b)(2), and 2. United States v. Epstein, No. 19 Cr. 490 (RMB) (S.D.N.Y.), Dkt. No. 2. Based on the indictment, Epstein was arrested by federal authorities. Epstein later died on August 10, 2019, at the Metropolitan Correctional Center, in New York, while the federal charges were pending. United States v. Epstein, No. 19 Cr. 490 (RMB) (S.D.N.Y.), Dkt. No. 52. ADMINISTRATIVE HISTORY OF PLAINTIFFS' REQUEST 3 EFTA00015221 Author: CGM Reviewed: TLC 3/10/21, 3/11/21 Deliberative Process/Attorney-Client/Attorney Work Product Privileged (6) By electronic FOIA ("eFOIA")1 dated April 20, 2017, Plaintiff Robertson submitted a FOIPA request to the FBI seeking "all documents relating to the FBI's investigation and prosecution of financier Jeffrey Edward Epstein . . ." Additionally, he requested a fee waiver and expedited processing. (Ex. A.) (7) By letter dated April 28, 2017, the FBI acknowledged receipt of Plaintiff's FOIA request, and notified Plaintiff it had assigned his request FBI FOIPA Request Number 1372398- 000. The FBI informed Plaintiff that, because he requested information on one or more third party individuals, the FBI would neither confirm nor deny the existence of such records pursuant to FOIA Exemptions 6 and 7(C), 5 U.S.C. § 552(b)(6) and (b)(7)(C). The FBI's response explained that the mere acknowledgement of the existence of FBI records on third party individuals could reasonably be expected to constitute an unwarranted invasion of personal privacy. Additionally, the FBI advised it was closing Plaintiffs' request. The FBI instructed Plaintiff to visit www.fbi.gov, select "Services," "Information Management," and "Freedom of Information/Privacy Act" for more information about making requests for records on third party individuals (living or deceased). Finally, the FBI informed Plaintiffs they could appeal the FBI's response to the DOJ, Office of Information Policy ("OIP") within ninety (90) days of its letter, contact the FBI's public liaison, and or seek dispute resolution services by contacting the Office of Government Information Services ("OGIS"). (Ex. B.) (8) On August 28, 2017, Plaintiffs, through counsel, filed their First Amended Complaint with the United States District Court for the Southern District of New York.2 (ECF 1 An eFOIA is an electronic means by which requesters can submit FOIA requests to the FBI, online, through the FBI's public website, www.FBI.gov. 2 Plaintiff Radar Online had filed a Complaint on May 25, 2017. After the FBI pointed out th