FOIA Advisor

Court opinions issued Nov. 21, 2022

Court Opinions (2015-2023)Allan BlutsteinComment

Clemente v. FBI (D.D.C.) -- granting FBI’s unopposed motion for summary judgment after finding that: (1) FBI performed adequate search for records related to Jeffrey Epstein and his alleged criminal activities; and (2) FBI properly withheld records pursuant to Exemptions 1, 3, 5, 7(A), 7(C), 7(D), and 7(E), and that it also properly withheld records previously sealed by court order.

Dalal v. DOJ (D.D.C.) -- in case concerning records of plaintiff’s antisemitic crimes, ruling that: (1) FBI’s search was not entirely adequate because it failed to explain why it would be unduly burdensome to search Special Agent’s informant files; (2) FBI properly withheld records pursuant to Exemptions 1, 3, 7(C), 7(D), 7(E), and Exemption 5’s attorney work-product and attorney-client privileges, but it improperly relied on Exemption 5’s deliberative process privilege and Exemption 7(A); (3) EOUSA conducted an adequate search, properly withheld records pursuant to Exemption 3 and attorney work-product privilege, and failed to show that Exemption 7(C) protected a search warrant application in full; and (3) FEMA conducted an adequate search, properly withheld records pursuant to Exemption 6, and failed to establish the applicability of Exemption 7(E).

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