DC Circ. Wary Of Ga. Voting Ruling's FOIA Impact

By Ali Sullivan, Law360, Oct. 4, 2024

A D. C. Circuit panel seemed concerned Friday with the practical implications of a trial court's holding that the Freedom of Information Act compels the disclosure of the U. S. Department of Justice's communications with private co-litigants in lawsuits challenging a controversial Georgia voting law.

At issue during the oral arguments was a February 23 ruling from U.S. District Judge Trevor N. McFadden, who ordered the Justice Departmant to fork over records of its discussions with the nongovernmental groups in response to a FOIA request from Georgia officials. The judge held that a disclosure exemption for “intra-agency” memos wasn’t applicable—an interpretation the DOJ has cast as impractical and overly narrow.

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