Case 1:12-cv-00127-BJR Document 40 Filed 03/04/15 Page 11 of 22 B. FBI & CRM Properly Withheld Responsive Documents Pursuant to FOIA Exemption 7(A) 1. Exemption 7 Threshold: Were the Records “Compiled for Law Enforcement Purposes”? Plaintiff acknowledges “that a portion of the responsive records relate to legitimate law enforcement investigations,” and are therefore properly withheld under Exemption 7(A). Pl.’s Cross-Mot. at 11. Nevertheless, Plaintiff argues that its FOIA requests also encompass “the targeting of individuals engaged in lawful First Amendment activities for which no legitimate law enforcement purpose exists.” Pl.’s Reply at 4; see also Pl.’s Cross-Mot. at 10-13. In other words, Plaintiff believes that WikiLeaks supporters are being targeted illegally, given that “[t]here is no criminal conduct, no security risk or violation of federal law, and no law violators to prosecute.” Pl.’s Cross Mot. at 14. Plaintiff points to the surveillance of Jacob Appelbaum and David House to support the likely existence of records that have “no legitimate law enforcement purpose.” 7 Pl.’s Reply at 4. Defendants respond that the Plaintiff is “argu[ing] about documents that do not exist.” Defs.’ Supp’l Reply at 2. Defendants explain that their search has not produced documents responsive to Plaintiff’s requests because there are no surveillance records for individuals who “simply support” or have interest in WikiLeaks. Id. According to Defendants, “all of the 7 House brought a law suit against various government entities, claiming that the government had conducted an unreasonable search and seizure when he was stopped at the border and a search of his laptop was conducted. Pl.’s Opp’n at 14 (citing House v. Napolitano, 2012 U.S. Dist. Lexis 42297, No. 11-10852 (D. Mass. March 28, 2012)). The District Court of Massachusetts denied the government’s motion to dismiss House’s lawsuit. In its brief, Plaintiff provides an excerpt from the District Court of Massachusetts’s opinion which sets forth the factual allegations surrounding the search as House described them in his complaint. The Court finds this recitation of facts unhelpful, given that the District Court of Massachusetts was not making any findings and was required to accept House’s allegations as true at the motion to dismiss stage. Nor did the House v. Napolitano lawsuit reach the procedural stage where any findings of fact were made, and instead, in May 2013, House filed a stipulation of dismissal with prejudice. Dkt. No. 33-6. 11