Opinion
No. 08-5076.
Filed On: December 23, 2008.
BEFORE: Henderson, Brown, and Kavanaugh, Circuit Judges
ORDER
Upon consideration of the motion for summary affirmance, the opposition and the supplements thereto, the reply, and the lodged surreply and the supplements thereto, it is
ORDERED that the motion for summary affirmance be granted. The merits of the parties' positions are so clear as to warrant summary action. See Taxpayers Watchdog, Inc. v. Stanley, 819 F. 2d 294, 297 (D.C. Cir. 1987) (per curiam). The affidavits the Federal Bureau of Investigation ("FBI") provided to this court and the district court "show beyond material doubt that it has conducted a search reasonably calculated to uncover all relevant documents" under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552.Morley v. CIA, 508 F.3d 1108, 1114 (D.C. Cir. 2007) (quoting Weisberg v. DOJ, 705 F.2d 1344, 1351 (D.C. Cir. 1983)). The FBI has explained that a file number appeared at the bottom of a released document because the relevant file contains all correspondence from the FBI to members of Congress regarding inquiries from their constituents. The number indicated that a copy of the document, a letter to a former U.S. Senator, had been placed in that file. Thus, the reference to this file number in the released document does not suggest the existence of additional responsive records. See Meeropol v. Meese, 790 F.2d 942, 954 (D.C. Cir. 1986). The district court correctly held that Bestor's other arguments are merely "speculative claims about the existence of other documents" that "do not rebut the presumption of good faith" or create genuine issues of fact, making summary judgment appropriate. See Wilbur v. CIA, 355 F.3d 675, 678 (D.C. Cir. 2004) (holding that "mere speculation that as yet uncovered documents might exist" is not enough to "undermine the determination that the agency conducted an adequate search for the requested records").
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc.See Fed.R.App.P. 41(b); D.C. Cir. Rule 41.