Case 1:12-cv-00127-BJR Document 40 Filed 03/04/15 Page 16 of 22 too vague to support a withholding under Exemption 7(A). Pl.’s Supp’l Br. at 6 (citing Citizens for Responsibility & Ethics in Washington v. Dep’t of Justice, 746 F.3d 1082 (D.C. Cir. 2014)). “Exemption 7(A) explicitly requires a predictive judgment of the harm that will result from disclosure of information, permitting withholding when it ‘could reasonably be expected’ that the harm will result.” Ctr. for Nat’l Sec. Studies v. Dep’t of Justice, 331 F.3d 918, 927 (D.C. Cir. 2003) (quoting 5 U.S.C. § 552(b)). “So long as the investigation continues to gather evidence for a possible future criminal case, and that case would be jeopardized by the premature release of that evidence, Exemption 7(A) applies.” Citizens for Responsibility & Ethics in Washington v. Dep’t of Justice, 746 F.3d at 1098 (quoting Juarez v. Dep’t of Justice, 518 F.3d 54, 59 (D.C. Cir. 2008)). The government has the burden of demonstrating a reasonable likelihood of interference with enforcement proceedings. Ctr. for Nat’l Sec. Studies, 331 F.3d at 926. The government’s declarations, especially when viewed in light of the appropriate deference to the executive on issues of national security, may satisfy this burden. Id. Here, the FBI and CRM have determined that the release of information on the techniques and procedures employed in their WikiLeaks investigation would allow targets of the investigation to evade law enforcement, and have filed detailed affidavits in support thereof. Hardy 1st Decl. ¶ 25; Cunningham 1st Decl. ¶ 11. As Plaintiff notes, certain court documents related to the Twitter litigation have been made public and describe the agencies’ investigative techniques against specific individuals. To the extent that Plaintiff seeks those already-made public documents, the Court is persuaded that their release will not interfere with a law enforcement proceeding and orders that Defendants turn those documents over. 11 11 In its supplemental briefing, Plaintiff notes that subpoenas for information on Smari McCarthy and Herbert Snorrason, “two Icelandic freedom of information activists who supported WikiLeaks,” have also been unsealed. Pl.’s Supp’l Opp’n at 7. Plaintiff argues that since McCarthy and Snorrason are now in possession of the subpoenas, the agencies’ disclosure of responsive records is not likely to interfere 16

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