Court opinion issued June 9, 2023
Schaerr v. Dep’t of Justice (D.C. Cir.) — affirming district court; concluding, based on circuit precedent, that an agency need not search for responsive records before invoking Glomar and refusing to confirm or deny the existence of records, as such information would itself be exempt under the FOIA; further holding that the defendant agencies had properly invoked Glomar in conjunction with Exemptions One and Three; rejecting requester’s claims of “bad faith” in rebutting agency affidavits because those “allegations [are] either too generalized or too attenuated from the specific classification decisions at issue[.]”
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