Case 1:20-cv-00833-PAE Document 27 Filed 09/10/20 Page 1 of 29

Case 1:20-cv-00833-PAE Document 27 Filed 09/10/20 Page 1 of 29 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 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT AND IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT David E. McCraw Al-Amyn Sumar Alexandra Perloff-Giles The New York Times Company Legal Department Counsel for Plaintiff EFTA00071624 Case 1:20-cv-00833-PAE Document 27 Filed 09/10/20 Page 2 of 29 TABLE OF CONTENTS TABLE OF AUTHORITIES iii PRELIMINARY STATEMENT 1 FACTUAL BACKGROUND 2 I. Epstein's Arrest and Suicide 2 II. Procedural History 4 ARGUMENT 5 I. The Government Has Not Met Its Burden of Showing the Search was Adequate 6 II. The Government Has Not Met Its Burden of Justifying Withholding Under Exemption 7(A) 8 III. The Government Has Not Met Its Burden of Justifying Withholdin