| Subject: | Re: Jeffrey Epstein-Related Touhy Requests - Times FOIA Action |
| Date: | Thu, 20 Feb 2020 20:09:04 +0000 |
I’m free except from 3:30-5.¶
Hi all,¶
would like to have a meeting on Tuesday, 02/25, about FOIA requests to SDNY and BOP related to Jeffrey Epstein (a number of FOIA requests have been addressed directly to SDNY directly, separate from the BOP requests in litigation). Do any of you have availability on Tuesday? Please let me know when on Tuesday would work for you.¶
Thanks,¶
Hi all,¶
FYI, please find attached the underlying FOIA requests in the Times v. BOP Epstein matter, as well as BOP’s responsive letters.¶
BOP refused to provide any documents in response to plaintiff’s FOIA requests, categorically asserting Exemptions 5, 6, 7(A), 7(C), 7(E), and 7(F), primarily on the basis of the ongoing investigations, including internal BOP investigations, into the circumstances of Epstein’s death.¶
The next step in the FOIA litigation is to file an Answer by March 4. I will follow up about steps beyond that shortly.¶
Thanks,¶
That all makes sense, thanks . FYI – our trial is scheduled for June 20, 2020.¶
EFTA00078008¶
Subject: RE: Jeffrey Epstein-Related Touhy Requests - Times FOIA Action¶
We have 30 days to Answer in a FOIA case. I don’t think we have a basis for a Rule 12 motion here (in FOIA we generally don’t). Generally, FOIA cases go straight to summary judgment (after the Court sets a schedule, usually submitted on consent by the parties), where we defend agency withholdings based on a declaration from the agency. I need to see the underlying FOIA request here and get more details on BOP’s response. My understanding is that they categorically refused to disclose any documents. Categorical refusals can be difficult to defend, although they are allowed under certain FOIA exemptions.¶
The Times is an aggressive but not unreasonable FOIA plaintiff. Once we have the requests, we might check in about whether or not it would be possible for BOP to release anything. Or, we can check in about how best to maintain the categorical withholdings. I’ll circle back once I have a more substantive conversation with BOP (BOP counsel is out tomorrow, but should follow up later in the week).¶
Thanks,¶
Subject: RE: Jeffrey Epstein-Related Touhy Requests - Times FOIA Action¶
Thanks. What would your proposed response be?¶
Subject: RE: Jeffrey Epstein-Related Touhy Requests - Times FOIA Action¶
Sorry, included it on the first email, but not later. Here it is.¶
Also, FYI, it sounds like the FOIA BOP contact is going to be ___, who’s in DC. Thanks.¶
Subject: RE: Jeffrey Epstein-Related Touhy Requests - Times FOIA Action¶
Got it. Do you mind sending the complaint, then?¶
Subject: RE: Jeffrey Epstein-Related Touhy Requests - Times FOIA Action¶
EFTA00078009¶
I don’t have the underlying FOIA requests yet. The Times did not attach them to the Complaint, and BOP hasn’t sent them to me. I will circulate once I have them. Thanks.¶
Thanks – could you send us the request?¶
Subject: RE: Jeffrey Epstein-Related Touhy Requests - Times FOIA Action¶
Thanks, . and , please let me know if you’d like to discuss or have any particular concerns here.¶
Subject: RE: Jeffrey Epstein-Related Touhy Requests - Times FOIA Action¶
I think the AUSAs you’d particularly want to check with are the ones doing that prosecution – and . Copying them here.¶
Subject: RE: Jeffrey Epstein-Related Touhy Requests - Times FOIA Action¶
All,¶
FYI, the New York Times has filed the attached FOIA complaint challenging BOP’s response (or lack thereof) to the Times’s FOIA requests for records related to Jeffrey Epstein. I’ve contacted to see who at BOP will be handling this. Our Answer date is currently March 4, 2020. Please let me know if you have any particular concerns here or would like to discuss.¶
Thanks,¶