See Atkins v. Dep't of Justice, No. 88-842, slip. op. at 10 (D.D.C. Feb. 26, 1990); Albuquerque Pub. Co. v. Dep't of Justice, 726 F. Supp. 851 (D.D.C. 1989).
Furthermore, the FBI asserted Exemption 7(E) to withhold information compiled for law enforcement purposes, the disclosure of which would reveal investigative techniques and procedures, thereby impairing the FBI's future effectiveness. Lieb. Decl. at 28. Because disclosure of the information within the context of the documents at issue could alert subjects in drug investigations about techniques used to aid the FBI, id., the exemption was properly invoked. See United States v. Van Horn, 789 F.2d 1492, 1508 (11th Cir.), cert. denied, 479 U.S. 854 (1986); Fernandez v. Dep't of Justice, No. 88-1539, slip op. (D.D.C. Feb. 5, 1990).
Finally, the FBI and DEA properly responded to the plaintiff's request for law enforcement investigatory files and information concerning specified third parties. The plaintiff failed to provide written authorizations from the named individuals as requested. Therefore, the FBI stated that it could neither admit or deny the existence of the information sought. Lieb. Decl. II at 28-32. The DEA denied plaintiff's request, Magruder Decl. paras. 11-12, 19-22, and because plaintiff failed to submit written authorizations and search fees, the DEA effectively neither confirmed or denied the existence of the requested information. The refusal to provide the plaintiff with the information sought was appropriate because even confirming the existence of the information would constitute a clearly unwarranted invasion of personal privacy. Antonelli v. FBI, 721 F.2d 615, 618 (7th Cir. 1983).
B. Plaintiff's Contentions
The plaintiff does not challenge the exemptions asserted by the defendants, the adequacy of their search, or their description of the information withheld. Because the plaintiff essentially concedes those points and because his motion for summary judgment is devoid of factual support, the plaintiff's request for the withheld information must be denied.
The plaintiff's primary complaint is that much of the requested information allegedly has been released to the news media, and he contends that therefore he is entitled to this information. However, the plaintiff fails to provide a scintilla of evidence that the media coverage was the result of a release of the requested information by the government to the press. Nor has the plaintiff demonstrated that any of the withheld information has been the subject of publicity so widespread as to warrant disclosure under the FOIA. See Founding Church of Scientology, Inc. v. NSA, 197 App. D.C. 305, 610 F.2d 824, 831-32 (D.C. Cir. 1979). Moreover, even assuming, arguendo, that some of the withheld information has appeared in the press, the nondisclosure is proper because a disclosure from an official source of information previously released by an unofficial source would confirm the unofficial information and therefore cause harm to third parties. See Simmons v. Dep't of Justice, 796 F.2d 709, 712 (4th Cir. 1986) ("release from an official source naturally confirms the accuracy of the previously leaked information"). Furthermore, public disclosure of some information does not necessitate the disclosure of additional information that is otherwise properly exempt from disclosure. Sirota v. CIA, 3 G.D.S. para. 83,261 (S.D.N.Y. 1981) (citing Fensterwald v. CIA, 443 F. Supp. 667 (D.D.C. 1978)).
The plaintiff also contends that during the sixteen-week trial in which he was a co-defendant, information now withheld by the defendants was disclosed. However, the plaintiff failed to reference a single document withheld by the defendants in whole or in part which might fall within this category, and has not demonstrated that any of the withheld information has been so publicized as to warrant disclosure under the FOIA. See Founding Church of Scientology, 610 F.2d at 831-32.
For all of the foregoing reasons, the Court shall grant the defendants' motion for summary judgment and deny the plaintiff's motion for summary judgment. The Court shall issue an Order of even date herewith in accordance with this Opinion.
In accordance with the Court's Opinion issued of even date herewith, it is, by the Court, this 15th day of August, 1991
ORDERED that the plaintiff's motion for summary judgment shall be, and hereby is, denied; and it is
FURTHER ORDERED that the defendant's motion for summary judgment shall be, and hereby is, granted; and it is
FURTHER ORDERED that the above-captioned case shall be, and hereby is, dismissed from the dockets of the Court.