FOIA Advisor

Court opinions issued Mar. 6, 2025

Court Opinions (2025)Allan BlutsteinComment

Whitlock v. Dep’t of Def. (D.D.C.) — in case concerning federal corruption and bribery investigation involving the U.S. 7th Fleet, holding that: (1) government was entitled to summary judgment on issues uncontested by plaintiff, specifically that Navy conducted adequate searches and properly withheld records pursuant to Exemptions 5, 6, and 7(C); (2) government was required to release all records withheld pursuant to Exemption 7(A) because the criminal cases it identified as relevant were closed, and it failed to explain how disclosure of each category of withheld records would interfere with any Naval enforcement proceedings; and (3) government was required to release all records withheld pursuant to Exemption 7(B) because it failed to show that disclosure of each category of withheld records “would, more probably than not, seriously interfere with the fairness” of Naval enforcement proceedings.”

Gov’t Accountability Project v. Dep’t of the Treasury (D.D.C.) — finding that agency failed to show that Exemption 4 protected a company’s application and license to sell oil in Syria, because company’s unsworn statements made during the submitter notice process constituted inadmissible hearsay and, in any event, were too “vague and conclusory” to establish that the company customarily and actually treated the documents as private; further finding that some evidence supported Treasury’s position, including confidential markings on the disputed documents, and therefore denying both parties’ summary judgment motions.

Gatore v. Dep’t of Homeland Sec. (D.D.C.) — in dispute concerning a request for attorney’s fees, ruling that: (1) only one of dozens of plaintiffs established an attorney-client relationship with moving counsel; (2) plaintiff was eligible for attorney’s fees as a prevailing party because agency had been ordered to release certain documents, rejecting agency’s argument that plaintiff needed to prove she received documents from her counsel; and (3) whether plaintiff was entitled to fees under four-factor test was unnecessary to decide owing to her counsel’s “total lack of billing judgment in this case . . . despite repeated warnings from this Court and other members in this District regarding the serious deficiencies of his billing practices.”

Summaries of all published opinions issued in 2025 are available here. Earlier opinions are available for 2024 and from 2015 to 2023.