Henry H. Kennedy, JR.United States District Judge

Biographical details

Henry H. Kennedy, JR.United States District Judge Civil Action 98-2406 (HHK), Schwarz v…

In every instance the agency has shown that application of the exemption was proper. For example, the response of the Justice Department's Office of Intelligence and Policy Review points out that records regarding Plaintiff herself are exempt from production under Privacy Act exemption (k) (1) , 5 U.S.C. 552a (k) (1) , incorporating FOIA exemption 1. The Office properly refused to confirm or deny that it had any responsive records maintained under the Foreign Intelligence Surveillance Act of 1978 (FISA) and in non-FISA files relating to various intelligence techniques.
Source: Wikisource

Henry H. Kennedy, JR.United States District Judge Civil Action 98-2406 (HHK), Schwarz v…

United States Dep't of Justice, 745 F.2d 1476, 1485 (D.C. Cir. 1984) .
The declarations filed on behalf of Defendants and Plaintiff's own declaration have been reviewed carefully. In all instances, Defendants have shown either that (1) no responsive documents exist or (2) all responsive documents have been produced and that there is appropriate justification for any excisions made, or (3) the documents sought are exempt from disclosure. Plaintiff has not shown that there is a genuine issue of material fact to contradict the Defendants' statement of material facts submitted with their motion.
Source: Wikisource

Henry H. Kennedy, JR.United States District Judge Civil Action 98-2406 (HHK), Schwarz v…

The district court in this earlier case concluded that the defendants' affidavits were sufficient and that Plaintiff had offered no evidence that responsive records existed and no evidence of bad faith. The grant of summary judgment for the Defendants was affirmed by the Court of Appeals in Schwarzv. National Security Agency, etal., No. 98-5364 (D.C. Cir. 1998) . The memorandum opinion of the Court of Appeals emphasized that " [t] he fact that no documents were found does not mean that the government failed to perform an adequate search."
Source: Wikisource

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