serve as an Independent Counsel. Mr. Fiske investigated, among other things, the death of Mr. Foster and events that occurred following his death, including the handling of documents in Mr. Foster's office at the White House. (Id. at P16). Mr. Fiske issued a public report regarding the death of Mr. Foster in late June 1994. (Id. at P 17).
In August 1994, the United States Court of Appeals for the District of Columbia Circuit, Division for the Purpose of Appointing Independent Counsels, appointed Kenneth W. Starr as Independent Counsel under the Ethics in Government Act of 1978, 28 U.S.C. §§ 591-599, as reauthorized by the Independent Counsel Reauthorization Act of 1994, Pub. L. No. 103-270, 108 Stat. 732.
Mr. Starr assumed jurisdiction over all matters and investigations previously within the control of Mr. Fiske. (Id. at P18). As part of his mandate, Mr. Starr renewed the investigation into the circumstance of Mr. Foster's death. Mr. Starr also continued the investigation into the events following the death of Mr. Foster which also had been the subject of active investigation by Mr. Fiske. (Id. PP20-21).
Plaintiffs' FOIA Request
By letter dated July 12, 1995, Plaintiffs requested certain files and physical evidence pertaining to the investigation of the death of Mr. Foster. Plaintiffs requested 20 different categories of information including autopsy photos, investigators' notes and access to Mr. Foster's shoes. (Def. Exhibit 1). By letter dated July 25, 1995, the Independent Counsel denied Plaintiffs' request pursuant to Exemptions 7(A), which exempts the release of investigatory records that would interfere with enforcement proceedings and 7(C), which exempts the release of investigatory records to the extent that release would constitute an unwarranted invasion of personal privacy and informed Plaintiffs of their right to appeal the denial (Def. Exhibit 2). On September, 22, 1995, the Independent Counsel denied Plaintiffs' appeal.
SUMMARY JUDGMENT STANDARDS
Pursuant to Federal Rule of Civil Procedure 56(c), summary judgment "shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Mere allegations or denials of the adverse party's pleadings are not enough to prevent issuance of summary judgment. The adverse party's response to the summary judgment motion must "set forth specific facts showing that there is a genuine issue for trial." Fed. R. Civ. Pro. 56(e).
The Supreme Court set forth the governing standards for issuance of summary judgment in Celotex Corp. v. Catrett, 477 U.S. 317, 91 L. Ed. 2d 265, 106 S. Ct. 2548 (1986). In Celotex, the Supreme Court recognized the vital need for summary judgment motions to the fair and efficient functioning of the justice system:
Summary judgment procedure is properly regarded not as a disfavored procedural shortcut, but rather as an integral part of the Federal Rules as a whole, which are designed "to secure the just, speedy and inexpensive determination of every action." Fed. Rule Civ. Proc. 1....