FOIA Advisor

Court opinion issued Feb. 22, 2021

Court Opinions (2015-2023)Allan BlutsteinComment

Gellman v. DHS (D,D.C.) -- in case involving plaintiff’s request for records about himself, finding on renewed summary judgment that: (1) Office of the Director of National Intelligence properly relied on Exemption 5’s deliberative process privilege to redact records and noting that agency was not required to disprove that redacted language was not later adopted as agency policy; (2) Office of Information Policy properly withheld draft statements to the media pursuant to Exemption 5, as well as email from public affairs official about how to respond to news article; and (3) OIP properly withheld certain news clips as “unresponsive” to plaintiff’s request even though they were were contained in compilations that included responsive items.

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