Case 1:17-cv-01167-JEB Document 81 Filed 04/15/19 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA CABLE NEWS NETWORK, INC., Civil Action No. 1:17-cv-01167-JEB Plaintiff, v. FEDERAL BUREAU OF INVESTIGATION, Defendant. NOTICE OF FILING OF DECLARATION BY THE FEDERAL BUREAU OF INVESTIGATION As represented by the Federal Bureau of Investigation (“FBI”) in its Notice in Response to the Court’s Order of April 1, 2019 (ECF No. 79), attached please find a declaration explaining why the remaining redactions to the In Camera, Ex Parte Declaration of the FBI (Oct. 13, 2017) (ECF No. 79-2), continue to be necessary. Dated: April 15, 2019 Respectfully submitted, HASHIM M. MOOPPAN Deputy Assistant Attorney General MARCIA BERMAN Assistant Director, Civil Division /s/Carol Federighi CAROL FEDERIGHI Senior Trial Counsel United States Department of Justice Civil Division, Federal Programs Branch P.O. Box 883 Washington, DC 20044 Phone: (202) 514-1903 Email: carol.federighi@usdoj.gov Counsel for Defendant Case Document 81-1 Filed 04/15/19 Page 1 of 18 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA CABLE NEWS NETWORK, INC., Plaintiff, v. Civil Action No. l:l7-cv-1167-JEB FEDERAL BUREAU OF INVESTIGATION, Defendant. SIXTH DECLARATION OF DAVID M. HARDY 1, David M. Hardy, declare as follows: (1) I am the Section Chief of the Record/ Information Dissemination Section Information Management Division in Winchester, Virginia.1 I have held this position since August 1, 2002. Prior to myjoining the Federal Bureau of Investigation from May 1, 2001 to July 31, 2002, I was the Assistant Judge Advocate General of the Navy for Civil Law. In that capacity, I had direct oversight of Freedom of Information Act policy, procedures, appeals, and litigation for the Navy. From October 1, 1980 to April 30, 2001, I served as a Navy Judge Advocate at various commands and routinely worked with FOIA matters. I am also an attorney who has been licensed to practice law in the State of Texas since 1980. (2) In my official capacity as Section Chief of RIDS, I supervise approximately 242 employees who staff a total of twelve Federal Bureau of Investigation Headquarters units and three ?eld operational service center units whose collective mission is to effectively IMD was previously the Records Management Division or RMD. I Case Document 81-1 Filed 04/15/19 Page 2 of 18 plan, develop, direct, and manage responses to requests for access to FBI records and information pursuant to the FOIA as amended by the OPEN Government Act of 2007, the OPEN FOIA Act of 2009, and FOIA Improvement Act of 20l6; the Privacy Act of 1974; Executive Order 13526; Presidential, Attorney General, and FBI policies and procedures; judicial decisions; and Presidential and Congressional directives. My responsibilities also include the review of FBI information for classification purposes as mandated by Executive Order 13526, 75 Fed. Reg. 707 (Jan. 5, 2010), and the preparation of declarations in support of Exemption claims asserted under the FOIA. I have been designated by the Attorney General of the United States as an original classification authority and a declassification authority pursuant to Executive Order 13526, 1.3 and 3.1. The statements contained in this declaration are based upon my personal knowledge, upon information provided to me in'my of?cial capacity, and upon conclusions and determinations reached and made in accordance therewith. (3) Due to the nature of my official duties, I am familiar with the procedures followed by the FBI in responding to requests for information from its files pursuant to the provisions of the FOIA, 5 U.S.C. 552, and the Privacy Act, 5 U.S.C. 552a. Speci?cally, I am aware of the handling of the FOIA requests to FBI at issue in this litigation, which was originally consolidated under Civil Action No. 17-cv-l I67 (D.D.C.), to include the following lawsuits: CNN v. FBI, l7-cv-1 I67 Gannett Satellite Information Network et al. v. DOJ, l7-cv- 1175 Judicial Watch v. DOJ, 17-cv-l 189 Freedom Watch v. FBI, 17- cv-l212 and Daily Caller v. DOJ, 17-cv-1830 (D.D.C.). See Civil Action No. I7-cv- 1 167 (D.D.C.), Minute Order dated July 26, 2017 (consolidating all lawsuits except the Daily Caller lawsuit) and Minute Order dated September 7, 2017 (consolidating the Daily Caller lawsuit). 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