FOIA Advisor

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Court opinions issued Nov. 24, 2021

Am. Civil Liberties Union v. CIA (D.D.C.) -- in case concerning the names of current or former government employees who had been granting exemptions from prepublication process, ruling that CIA properly withheld certain names pursuant to Exemptions 1 and 3 but not Exemption 6.

Nat'l Pub. Radio v. Int'l Dev. Fin. Corp. (C.D. Cal.) -- ruling that: (1) agency improperly relied on the deliberative privilege process to withhold three categories of records concerning proposed $756 million loan to the Eastman Kodak, noting that the record constituted public messaging, not substantive policy decisions; and (2) two of three remaining disputed emails fell within the deliberative process and met the foreseeable harm standard.

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