FOIA Advisor

Court opinions issued Jan. 23, 2020

Court Opinions (2015-2023)Allan BlutsteinComment

Smith v. U.S. Dep't of Treasury (D.D.C.) -- ruling that: (1) Office of Personnel Management failed to perform adequate search for names and titles or occupations of employees of Treasury’s Office of Terrorism and Financial Intelligence, and that OPM raised exhaustion argument too late for court to consider it; (2) Treasury properly relied on Exemption 6 to withhold the names of non-senior Treasury employees who perform law enforcement functions, as well as the cell phone numbers of all Treasury employees; (3) Treasury improperly relied on Exemption 6 to withhold office telephone numbers of FinCEN employees, as well as telephone numbers of Office of Terrorism and Financial Intelligence employees; and (4) Treasury properly invoked exemption 1 to withhold names, titles, and phone numbers of non-leadership Office of Intelligence and Analysis employees.

Baldwin v. U.S. Dep’t of Energy (D.D.C.) -- determining that: (1) agency performed reasonable search for records pertaining to plaintiff, a former DOE employee; and (2) agency properly withheld certain information pursuant to Exemption 5 (deliberative process and attorney-client privileges), as well as cell phone numbers and conference call phone number pursuant to Exemption 6.

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