Case 1:12-cv-00127-BJR Document 40 Filed 03/04/15 Page 20 of 22
disclosed unless they are inextricably intertwined with exempt portions.” Mead Data, 566 F.2d
at 260. In order to demonstrate that all reasonably segregable material has been disclosed, the
agency must provide a “detailed justification” for its non-segregability. Johnson, 310 F.3d at
776 (quoting Mead Data, 566 F.2d at 261)). “[C]onclusory language in agency declarations that
do not provide a specific basis for segregability findings by a district court may be found
inadequate.” Jarvik v. C.I.A., 741 F. Supp. 2d 106, 120 (D.D.C. 2010) (citations omitted).
However, the agency is not required to provide so much detail that the exempt material would be
effectively disclosed. Johnson, 310 F.3d at 776 (quoting Mead Data, 566 F.2d at 261)).
The Court finds that the Government has amply supported its determination that there is
no segregable material. The FBI explains in its declaration that “[its] review of the potentially
responsive records in the pending cases reveals no materials that can be released without
jeopardizing current or prospective investigative/and or prosecutive efforts.” Hardy 1st Decl. ¶¶
27, 119. The Court, having reviewed the FBI’s carefully detailed ex parte declaration, is
persuaded. See Hardy 4th Decl. ¶ 7. Similarly, CRM states, “[t]he Criminal Division has
reviewed these records and determined that there are no reasonably segregable non-exempt
portions that can be released.” Cunningham 1st Decl. ¶ 44. Furthermore, CRM’s ex parte
Vaughn index, which identifies every responsive document and the basis for its withholding,
provides further support for CRM’s segregability analysis. Accordingly, the Court finds that the
government provides adequate justification for the nonsegregability of the records.
D. In Camera Review
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