Supreme Court of the United States

United States Department of Justice v. Landano

May 24, 1993508 U.S. 165

Summary

Justice O’Connor delivered the unanimous opinion holding that FOIA Exemption 7(D) does not authorize a presumption that every source providing information to the FBI during a criminal investigation is confidential. Confidentiality does not require absolute secrecy; a source qualifies if the source understood that the FBI would disclose the communication only as necessary for law enforcement purposes. More narrowly defined circumstances, including the nature of the crime and the source’s relationship to it, may support a presumption of confidentiality without an individualized account of each interview. Because the Court of Appeals incorrectly believed it could not rely on such circumstances, the Court vacated its judgment and remanded. There were no separate opinions.

Holding

  • The meaning of a confidential source under Exemption 7(D).. A source is confidential if the source furnished information with the understanding that the FBI would divulge the communication only to the extent it considered necessary for law enforcement purposes; complete secrecy is unnecessary.
  • Whether all FBI criminal investigative sources are presumptively confidential.. The Government is not entitled to a universal presumption of confidentiality merely because a source supplied information to the FBI during a criminal investigation.
  • Whether narrower circumstances can establish implied confidentiality.. More narrowly defined circumstances, including the nature of the crime and the source’s relationship to it, can support a presumption of confidentiality without detailed evidence about each interview.

Docket 91-2054

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United States Department of Justice v. Landano (SCOTUS 1993) | LawDiver