FOIA Advisor

Court opinions issued Sept. 18, 2018

Court Opinions (2015-2023)Allan BlutsteinComment

Ctr. for Pub. Integrity v. FEC (D.D.C.) -- finding that agency properly relied on deliberative process privilege to withhold records pertaining to “@altFEC” Twitter account, as well as communications from Executive Office of President to certain senior FEC employees.

Crisman v. DOJ (D.D.C.) -- ruling that: (1) FBI performed adequate search for records pertaining to plaintiff, but failed to justify use of deliberative process privilege to withhold records; (2) FRB was not required to conduct additional search based on new information provided by plaintiff almost three years after FRB completed its initial search'; and (3) plaintiff’s request to DHS would require burdensome search, but denying summary judgment to government because DHS failed to propose ways to narrow request.

Northrup Grumman v. NASA (D.D.C.) -- in reverse-FOIA lawsuit, concluding that Exemption 4 protected proposed “wrap rates” from a NASA contract in effect from 2002 to 2009 because disclosure would likely cause substantial competitive harm.

Summaries of all published opinions issued since April 2015 are available here.