FOIA Advisor

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Court opinion issued July 24, 2020

Am. Ctr. for Law & Justice v. NSA (D.D.C.) -- ruling that: (1) National Security Agency properly relied on Exemptions 1 and 3 in refusing to confirm or deny existence of records pertaining to unmasking of Trump campaign official by five Obama Administration officials; (2) State Department’s similar Glomar response was invalid as to unmasking requests from Susan Power regarding Michael Flynn because Office of the Director of National Intelligence officially acknowledged their existence; (3) NSA’s search for certain communications referring to Donald Trump or campaign officials was partially inadequate because search terms used regarding Cheryl Mills were too limited; (4) State Department properly relied on deliberative process privilege to withhold various communications sent or received by Susan Power.

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