Case 1:12-cv-00127-BJR Document 40 Filed 03/04/15 Page 18 of 22 7(A) allows an agency to keep secret”) (quoting Swan v. SEC, 96 F.3d 498, 500 (D.C. Cir. 1996)). The Court finds this to be particularly true here, where the investigation, as here, deals with issues of national security. 12 Id. at 928 (“[T]he judiciary is in an extremely poor position to second-guess the executive’s judgment in this area of national security.”). Finally, the Court is not persuaded that the Defendants’ investigation is too vague to support an Exemption 7(A) withholding. EPIC attempts to liken the investigation in the instant case with that at issue in Citizens for Responsibility & Ethics in Washington v. U.S. Dep't of Justice, 746 F.3d 1082 (D.C. Cir. 2014) (hereinafter, CREW v. Dep’t of Justice). Pl.’s Supp’l Opp’n at 6. CREW concerned the FBI’s investigation into the activities of former lobbyist Jack Abramoff. Several people were convicted, including two senior aides to Tom DeLay, the former House of Representatives Majority Leader. Id. at 1087. The FBI never acknowledged whether Tom DeLay was the target of their investigation but, in August 2010, DeLay announced that the Department of Justice would not bring criminal charges against him. Id. After this announcement, CREW filed a FOIA request seeking records related to the FBI’s investigation of Tom DeLay. The FBI argued that Exemption 7(A) applied because the release of the records would interfere with the criminal prosecution of DeLay’s senior aides as well as all criminal investigations related to the lobbying investigation. Id. at 1096. 12 In its supplemental brief, Plaintiff states that the media has recently uncovered “investigative techniques deployed by the National Security Agency,” which were used in the NSA’s surveillance of WikiLeaks and its supporters. Pl.’s Supp’l Opp’n at 8. Plaintiff argues that the public’s awareness of the NSA’s investigative techniques show that the disclosure of such techniques will not aid criminals in circumventing the investigation or the law. Id. at 10. The Court rejects Plaintiff’s arguments. As an initial matter, the NSA is not a Defendant and its investigation is not at issue here. Moreover, as noted above, the scope of the Defendants’ investigations and other “bits” of valuable information may be revealed by disclosing the records, even if the investigative techniques discussed therein have already been made public. 18

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