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Court opinions issued June 3, 2022

Eddington v. DOD (D.C. Cir.) -- affirming district court’s decision that requester failed to present sufficient evidence to overcome agency’s declaration that it did not receive any of his requests emailed to 14 DOD components and rejecting appellant’s argument that district court abused its discretion in failing to order discovery.

Barnes v. FBI (D.C. Cir.) -- affirming district court’s decision that requester’s criminal plea bargain precluded requester from seeking government records pertaining to his case, because government identified legitimate criminal-justice interest in enforcing waiver provision.

Fogg v. IRS (8th Cir.) -- reversing district court’s decision that IRS properly withheld portions of Internal Revenue Manual pursuant to Exemption 7(E) and remanding for in camera review, because agency’s declaration erroneously characterized the IRS solely as a law enforcement agency.

Am. Civil Liberties Union of Mass. v. ICE (D. Mass.) -- deciding that: (1) agency did not perform adequate search for records concerning a Massachusetts state judge and court security officer who helped a criminal defendant evade ICE arrest; (2) agency properly relied on Exemption 7(A) to withhold records related to pending criminal prosecution of the judge and court officer.

Reporters Comm. for Freedom of the Press v. FBI (D.D.C.) -- on remand from D.C. Circuit, finding that agency properly relied on Exemption 5’s deliberative process privilege and met foreseeable harm requirement in withholding portions of draft OIG report regarding agency’s impersonation of a journalist in 2007.

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