FOIA Advisor

Court opinions issued July 23, 2021

Court Opinions (2015-2023)Allan BlutsteinComment

Leopold v. DOJ (D.D.C.) -- holding that an agency may satisfy foreseeable harm standard on a category-by-category basis, consistent with D.C. Circuit’s July 2, 2021 decision in Reporters Committee for Freedom of Press v. FBI, and that DOJ met its burden with respect to its Exemption 5 withholdings related to Special Counsel Robert Mueller’s investigation into the 2016 presidential election.

The New York Times v. DOJ (S.D.N.Y.) -- on remand from the Second Circuit, finding that DOJ properly reprocessed memoranda concerning CIA interrogations overseas by releasing additional information previously withheld pursuant to Exemption 5 and continuing to withhold certain names pursuant to Exemptions 1 and 3.

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