EFTA00015219.pdf

Author: CGM
Reviewed: TLC 3/10/21, 3/11/21
Deliberative Process/Attorney-Client/Attorney Work Product Privileged
DECLARATION OF MICHAEL G. SEIDEL
I, Michael G. Seidel, declare as follows:
(1) I am the Section Chief of the Record/Information Dissemination Section
("RIDS"), Information Management Division ("IMD"), Federal Bureau of Investigation ("FBI"),
Winchester, Virginia. I joined the FBI in September 2011, and prior to my current position, I
was the Acting Section Chief from May 26, 2020 to July 26, 2020; Assistant Section Chief of
RIDS from June 2016 to May 25, 2020; Unit Chief, RIDS Litigation Support Unit from
November 2012 to June 2016; and an Assistant General Counsel, FBI Office of General Counsel,
Freedom of Information Act ("FOIA") Litigation Unit, from September 2011 to November 2012.
In those capacities, I had management oversight or agency counsel responsibility for FBI FOIA
and Privacy Act ("FOIPA") litigation cases nationwide. Prior to my joining the FBI, I served as
a Senior Attorney, U.S. Drug Enforcement Administration ("DEA") from September 2006 to
September 2011, where among myriad legal responsibilities, I advised on FOIPA matters and
served as agency counsel representing the DEA in FOIPA suits nationwide. I also served as a
U.S. Army Judge Advocate General's Corps Officer in various assignments from 1994 to
In the UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
RADAR ONLINE LLC and JAMES ROBERTSON,
Plaintiffs,
v.
FEDERAL BUREAU OF INVESTIGATION,
Defendant.
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EFTA00015219
Author: CGM
Reviewed: TLC 3/10/21, 3/11/21
Deliberative Process/Attorney-Client/Attorney Work Product Privileged
September 2006 culminating in my assignment as Chief, General Litigation Branch, U.S. Army
Litigation Division where I oversaw FOIPA litigation for the U.S. Army. I am an attorney
registered in the State of Ohio and the District of Columbia.
(2) In my official capacity as Section Chief of RIDS, I supervise approximately 237
FBI employees, supported by approximately 91 contractors, who staff a total of ten (10) FBI
Headquarters ("FBIHQ") units and two (2) field operational service center units whose collective
mission is to effectively 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 the FOIA Improvement Act of 2016; the Privacy Act of
1974; Executive Order 13,526; Presidential, Attorney General, and FBI policies and procedures;
judicial decisions; and Presidential and Congressional directives. The statements contained in
this declaration are based upon my personal knowledge, upon information provided to me in my
official capacity, and upon conclusions and determinations reached and made in accordance
therewith.
(3) Because of 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 of 1974, 5 U.S.C. § 552a.
Specifically, I am aware of the FBI's handling of Plaintiff James Robertson's FOIA request for
records related to the FBI's investigation and prosecution of financier Jeffrey Edward Epstein.
In response to Plaintiff's request, the FBI processed on a document-by-document basis a total of
11,571 pages of responsive records. Of these pages, the FBI released 181 pages in full, released
1,051 pages in part, and withheld 10,339 pages in full for the following reasons: the information
in those pages was exempt from disclosure pursuant to one or more applicable FOIA
Civil Action No. 1:17-cv-03956-PGG
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EFTA00015220
Author: CGM
Reviewed: TLC 3/10/21, 3/11/21
Deliberative Process/Attorney-Client/Attorney Work Product Privileged
Exemption(s); the pages were found to be duplicative of other pages accounted for elsewhere in
the FBI's production; and/or the pages are sealed pursuant to United States Court order and thus
unavailable for release through the FOIA. In addition to the 11,571 processed pages, the FBI
also categorically withheld additional records pursuant to Exemption 7(A). See infra FN 7.
(4) In accordance with Vaughn v. Rosen, 424 F.2d 820 (D.C. Cir. 1973), this
declaration is being submitted in support of Defendant's motion for summary judgment, and
provides the Court with a summary of the administrative history of Plaintiff's request; the
procedures used to search for, review, and process responsive records; the FBI's justification for
withholding information in part or in full pursuant to FOIA Exemptions 3, 5, 6, 7(A), 7(C), 7(D),
and 7(E), 5 U.S.C. §§ 552(b)(3), (b)(5), (b)(6), (b)(7)(A), (b)(7)(C), (b)(7)(D), and (b)(7)(E); and
the FBI's procedures for reviewing records that were categorically exempt pursuant to
Exemption (7)(A).
BACKGROUND INFORMATION CONCERNING JEFFREY EDWARD EPSTEIN
(5) In June 2008, Jeffrey Epstein pled guilty to a criminal charge of procuring
prostitution of a minor. Epstein served 13 months of his 18-month sentence. On July 2, 2019,
Jeffrey Epstein was indicted by a federal grand jury in the United States District Court for the
Southern District of New York on one count of conspiracy to commit sex trafficking, in violation
of 18 U.S.C. § 371, and one count of sex trafficking, in violation of 18 U.S.C. §§ 1591(a), (b)(2),
and 2. United States v. Epstein, No. 19 Cr. 490 (RMB) (S.D.N.Y.), Dkt. No. 2. Based on the
indictment, Epstein was arrested by federal authorities. Epstein later died on August 10, 2019, at
the Metropolitan Correctional Center, in New York, while the federal charges were pending.
United States v. Epstein, No. 19 Cr. 490 (RMB) (S.D.N.Y.), Dkt. No. 52.
ADMINISTRATIVE HISTORY OF PLAINTIFFS' REQUEST
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EFTA00015221
Author: CGM
Reviewed: TLC 3/10/21, 3/11/21
Deliberative Process/Attorney-Client/Attorney Work Product Privileged
(6) By electronic FOIA ("eFOIA")¹ dated April 20, 2017, Plaintiff Robertson
submitted a FOIPA request to the FBI seeking "all documents relating to the FBI's investigation
and prosecution of financier Jeffrey Edward Epstein . . ." Additionally, he requested a fee
waiver and expedited processing. (Ex. A.)
(7) By letter dated April 28, 2017, the FBI acknowledged receipt of Plaintiff's FOIA
request, and notified Plaintiff it had assigned his request FBI FOIPA Request Number 1372398-
000. The FBI informed Plaintiff that, because he requested information on one or more third
party individuals, the FBI would neither confirm nor deny the existence of such records pursuant
to FOIA Exemptions 6 and 7(C), 5 U.S.C. § 552(b)(6) and (b)(7)(C). The FBI's response
explained that the mere acknowledgement of the existence of FBI records on third party
individuals could reasonably be expected to constitute an unwarranted invasion of personal
privacy. Additionally, the FBI advised it was closing Plaintiffs' request. The FBI instructed
Plaintiff to visit www.FBI.gov, select "Services," "Information Management," and "Freedom of
Information/Privacy Act" for more information about making requests for records on third party
individuals (living or deceased). Finally, the FBI informed Plaintiffs they could appeal the FBI's
response to the DOJ, Office of Information Policy ("OIP") within ninety (90) days of its letter,
contact the FBI's public liaison, and or seek dispute resolution services by contacting the Office
of Government Information Services ("OGIS"). (Ex. B)
(8) On August 28, 2017, Plaintiffs, through counsel, filed their First Amended
Complaint with the United States District Court for the Southern District of New York.² (ECF
¹ An eFOIA is an electronic means by which requesters can submit FOIA requests to the FBI,
online, through the FBI's public website, www.FBI.gov.
² Plaintiff Radar Online had filed a Complaint on May 25, 2017. After the FBI pointed out that
Radar Online was not a proper Plaintiff in this case, Plaintiff James Robertson was added as a
Plaintiff in the First Amended Complaint.
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EFTA00015222
Author: CGM
Reviewed: TLC 3/10/21, 3/11/21
Deliberative Process/Attorney-Client/Attorney Work Product Privileged
No. 12.)
(9) By letter dated October 11, 2017, the FBI released responsive records to
Plaintiffs. The FBI advised that it had reviewed 296 pages of records, released 38 pages of
records in full or part and withheld the remaining pages in full. Information was withheld
pursuant to FOIA Exemptions 3, 6, 7(A), 7(C), 7(D), and 7(E). (Ex. C.)
(10) By letter dated November 1, 2017, the FBI released additional responsive records
to Plaintiffs. The FBI advised it reviewed 527 pages of records and released 25 pages of records
in full or part, with information withheld pursuant to FOIA Exemptions 3, 6, 7(A), 7(C), 7(D),
and 7(E). (Ex. D.)
(11) By letter dated December 1, 2017, the FBI released additional responsive records
to Plaintiffs. The FBI advised it reviewed 562 pages of records and released 94 pages of records
in full or part, with information withheld pursuant to FOIA Exemptions 3, 6, 7(A), 7(C), 7(D),
and 7(E). (Ex. E.)
(12) By letter dated January 2, 2018, the FBI released additional responsive records to
Plaintiffs. The FBI advised it reviewed 556 pages of records and released 38 pages of records in
full or part, with information withheld pursuant to FOIA Exemptions 3, 6, 7(A), 7(C), 7(D). (Ex.
F.)
(13) By letter dated February 1, 2018, the FBI advised it had withheld an additional
525 pages in full pursuant to FOIA Exemptions 3, 6, 7(A), and 7(E). (Ex. G.)
(14) By letter dated March 1, 2018, the FBI advised that it had reviewed 527
pages of records and released eight (8) pages of records in full or part, with
information withheld pursuant to FOIA Exemptions 3, 5, 6, 7(A), 7(C), and 7(E).
(Ex. H.)
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EFTA00015223