FOIA Advisor

Court Opinions (2015-2023)

Court opinion issued May 3, 2018

Court Opinions (2015-2023)Allan BlutsteinComment

Am. Oversight v. GSA. (D.D.C.) -- determining that: (1) agency failed to perform adequate search for records reflecting communications between GSA and  presidential transition team (2) agency failed to justify withholding records pursuant to Exemption 5 (attorney-client privilege)  or names of transition team members pursuant to Exemption 6.

Summaries of all opinions issued since April 2015 available here

Court opinions issued May 1, 2018

Court Opinions (2015-2023)Allan BlutsteinComment

Greenpeace v. DHS (D.D.C.) -- finding that: (1) agency performed reasonable search for records concerning facilities formerly classified as high risk due to their chemical holdings, and (2) agency properly withheld certain records pursuant to Exemption 7(F).   "While there are surely many hard cases under Exemption 7(F), the court stated, "this is not one of them. The information in question was compiled by DHS in order to keep our country safe from terrorist attacks. Disclosing it would reveal the location of facilities containing dangerous chemicals terrorists might target, as well as how the government has assessed the risks posed by those facilities—all information that terrorists might exploit."

Igoshev v. NSA (D. Md.) -- ruling that National Security Agency properly relied on Exemptions 1 and 3 in refusing to confirm or deny existence of records pertaining to ownership, use, and targets of satellites.

Summaries of all opinions issued since April 2015 available here.

Court opinion issued Apr. 30, 2018

Court Opinions (2015-2023)Allan BlutsteinComment

DeFraia v. CIA (D.D.C.) -- ruling that: (1) agency performed adequate search for contracts pertaining to detainee interrogation program and that plaintiff was not entitled to records beyond scope agreed to by parties; and (2) plaintiff was not entitled to in camera review of records withheld under Exemptions 5 and 6, which court found were sufficiently justified by agency.

Summaries of all opinions issued since April 2015 available here.

Court opinions issued Apr. 23, 2018

Court Opinions (2015-2023)Allan BlutsteinComment

Castleman v. DOJ (9th Cir.) (unpublished) -- affirming district court's decision regarding plaintiff's multiple requests concerning his criminal trial because plaintiff failed to raise genuine disputes of material fact regarding government's searches or withholdings under Exemption 7(C).

Prop. People v. DOJ (D.D.C.) -- in case concerning Donald Trump's interactions with FBI before he became President, ruling that agency had "not yet justified its sweeping Glomar response for two categories of responsive records: (1) non-investigative records related to Donald Trump and (2) records that mention Trump 'in the context of his official capacity as chief executive of specific organizations'  Further, the court ruled that FBI "may at least issue a narrow Glomar response as to most law-enforcement records."

Jarvis v. SSA (D.D.C.) -- finding that: (1) plaintiff was required but failed to file an administrative appeal concerning his request for disability decisions based on race or immigration status; and (2) SSA sufficiently demonstrated that it does not maintain the requested records.  

Summaries of all opinions issued since April 2015 available here.

Court opinion issued Apr. 16, 2018

Court Opinions (2015-2023)Allan BlutsteinComment

Donato v. EOUSA (D.D.C.) -- finding that: (1) EOUSA properly denied pro se inmate's request for waiver of fees regarding records about alleged murder-conspiracy plot, but that agency was obliged to provide two hours of free search time and 100 pages free of charge; (2) FBI properly refused to confirm or deny existence of records about murder-conspiracy plot pursuant to Exemptions 6 and 7(C); (3) Bureau of Prisons failed to show that it conducted reasonable search and failed to justify its withholdings under Exemptions 2, 5, 6, 7(C), 7(D), 7(E), and 7(F).

Summaries of all opinions issued since April 2015 available here