Jan. 28, 2022

Majuc v. DOJ (D.D.C.) -- concluding that with one minor exception, DOJ properly used Exemptions 4, 6, 7(A), and 7(C) to withhold records concerning criminal investigation of BNP Paribas, S.A. and its affiliates for evading economic sanctions against various countries.

Callimachi v. FBI (D.D.C.) -- ruling that: (1) FBI properly relied on Exemptions 6 and 7(C) in refusing to confirm or deny the existence of records concerning certain Romanian politicians; (2) FBI properly invoked Exemptions 1 & 3 in refusing to confirm or deny existence of records concerning Romania’s intelligence service; and (3) FBI performed adequate search for records concerning death of former Romanian ambassador and properly withheld records pursuant to Exemptions 1, 7(D), and 7(E).

Jan. 27, 2022

Cause of Action Inst. v. Export-Import Bank (D.D.C.) -- on renewed summary judgment and following in camera review, determining that: (1) agency improperly withheld email received from Vice President’s staff as non-agency records; (2) agency failed to show that certain information contained in weekly reports was “obtained from a person,” but agency’s remaining Exemption 4 withholdings were proper; (3) agency properly withheld some, but not all, disputed records under Exemption 5’s deliberative process privilege; of note, ordering release of one of three documents sent to GAO because it was created to assist GAO and ultimately Congress and thus not an inter-agency or intra-agency record.

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