Case 1:20-cv-00833-PAE Document 42 Filed 02/10/21 Page 1 of 15

Case 1:20-cv-00833-PAE Document 42 Filed 02/10/21 Page 1 of 15 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK X THE NEW YORK TIMES COMPANY, Plaintiff, No. 20-cv-00833 (PAE) v. FEDERAL BUREAU OF PRISONS, Defendant. X REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT David E. McCraw Al-Amyn Sumar Alexandra Settelmayer The New York Times Company Legal Department 620 Eighth Avenue New York, NY 10018 Counsel for Plaintiff EFTA00071609 Case 1:20-cv-00833-PAE Document 42 Filed 02/10/21 Page 2 of 15 TABLE OF CONTENTS PRELIMINARY STATEMENT 1 ARGUMENT 1 I. The Government Has Failed to Satisfy Its Burden in Justifying Withholding Under Exemption 7(A) 1 II. The Government Has Failed to Satisfy Its Burden in Justifying Withholding Under Exemption 6 and 7(C) 5 III. The Government Has Failed to Satisfy Its Burden in Justifying Withholding Under Exemption 5 7 IV. The Government Has Failed to Satisfy Its Burden i