D.C. Circuit: FOIA’s ‘foreseeable harm’ standard has teeth

By Adam A. Marshall, Reporters Committee, July 27, 2021

In a case brought by the Reporters Committee and the Associated Press, the U.S. Court of Appeals for the D.C. Circuit issued an opinion earlier this month with its most expansive and detailed explanation of the Freedom of Information Act’s “foreseeable harm” provision to date, holding that the FBI failed to justify withholding documents regarding the agency’s impersonation of an Associated Press editor in 2007.

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