Biear v. Att’y Gen. U.S., No. 23-2557, 2024 WL 837039 (3d Cir. Feb. 28, 2024) (per curiam)

Biear v. Att’y Gen. U.S., No. 23-2557, 2024 WL 837039 (3d Cir. Feb. 28, 2024) (per curiam)

Re:  Requests for records concerning requester

Disposition:  Affirming district court’s grant in part of government’s motion for summary judgment

• Litigation Considerations:  The Court of Appeals for the Third Circuit relates that “[the requester] contends that the District Court did ‘not completely address the propriety of the FBI’s withholding of certain documents based on FOIA exemptions.’”  The court finds that “[t]his vague contention is insufficient to preserve a challenge to the FBI’s application of FOIA exemptions to the responsive documents.”  “In any event, [the court] note[s] that the District Court thoroughly described the applicability of various FOIA exemptions to each of the responsive documents.” 
  
  The court also relates that “[the requester] also asserts that the District Court ‘fail[ed] to address the “legality” of how the FBI obtained the documents . . . which were reviewed by the [D]istrict [C]ourt “in camera[.]”’”  “But [the court finds that the requester] did not seek such information in his FOIA request and neglected to raise this issue in the District Court.”  “[The court] will not consider it for the first time on appeal.”  “Even if the issue were properly preserved, relief would not be available because agencies are not required to answer questions in responding to FOIA requests.”
  
  “Finally, [the court relates that the requester] contends that the District Court ‘did not elect to follow up on the government lawyers[’] supplemental production, which remains outstanding . . . .’”  The court finds that “[the requester’s] complaint is misplaced.”  “If, as [the requester] suggests, the FBI has not provided the documents that the District Court ordered to be disclosed, his remedy is to ask the District Court to enforce its order.”