ACLU Charges FBI with Delaying, Dodging, and Unlawfully Withholding Documents in Pendleton Domestic Spying FOIA

June 29, 2010
The federal judge who heard arguments on June 21 ordered a limited in camera review more than 250 documents withheld by the government to determine whether the information was properly withheld. The order reads in part:

Accordingly, because many of the exemptions asserted by Defendants necessarily depend on the content of the underlying documents, it appears this case is a perfect example where the Court should exercise its discretion to conduct an in camera review of the documents, especially in light of the parties’ dispute over their content and the important civil liberties at stake.

Council on American-Islamic Relations (CAIR) and its public relations director Edgar Hopida, asked a federal district court judge to require the agencies to conduct a complete search and produce the information they have improperly withheld.

The limited information the agencies’ produced surveillance program uncovered in an investigative report in the San Diego Union-Tribune in May 2008 describing a security breach at Camp Pendleton, in which staff had stolen classified information and passed it along to local law enforcement agencies and defense contractors. The article reported that “more than 100 FBI and Defense Department files” indicated that the plaintiffs, CAIR-CA and its San Diego chapter public relations director, may have been monitored by a surveillance program targeting Muslim groups.

The initial FOIA request was simple: Was surveillance conducted on law abiding Muslim residents of Southern California based solely on their religion? Is this surveillance continuing? Who authorized it and why?

“We are seeking this information because we are concerned that without clear details about how and why surveillance was conducted, there will be a growing mistrust between American Muslim community and law enforcement,” said Edgar Hopida, public relations director for CAIR’s San Diego office. “Prayers at mosques and children’s festivals are not credible reasons for surveillance, but a gross breach of constitutionally protected rights. What is further troubling is the use of informants and agent provocateurs to create further mistrust and undermine the American Muslim community. All Americans should be concerned about the FBI’s behavior because it undercuts the values and freedoms that make our country great.”

The brief requests the Court to order the FBI and DOJ to provide the requested information that has been improperly withheld, but at a minimum asks the Court to conduct an in camera review of the withheld and redacted documents to determine whether the agencies properly invoked FOIA exemptions.

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Judge’s Order 6-29-10