FOIA Advisor

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Court opinions issued Sept. 29, 2020

Nat’l Immigration Proj. of the Nat’l Lawyers Guild v. ICE (D.D.C.) -- finding that ICE properly redacted draft version of investigations handbook pursuant Exemption 5’s deliberative process privilege, noting that agency met foreseeable harm standard under D.C. Circuit’s recent ruling in Machado Amadis v. U.S. Dep’t of State.

Judicial Watch v. DOJ (D.D.C.) -- concluding that FBI’s initial declarations failed to adequately explain how disclosure of draft talking points related to investigation of Hillary Clinton would harm interests protected by the deliberative process privilege.

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