FOIA Advisor

Court Opinions (2015-2023)

Court opinions issued Sept. 18, 2020

Court Opinions (2015-2023)Allan BlutsteinComment

Judicial Watch v. DOJ (D.D.C.) -- ruling that DOJ properly invoked Exemption 5’s deliberative process privilege to withhold four drafts of Acting Attorney General Yates’ January 30, 2017 memorandum regarding Executive Order 13,769.

Lindsey v. FBI (D.D.C.) -- on renewed summary judgment, concluding that: (1) FBI performed adequate search for records pertaining to arrest of Lebanese-American businessman at Dulles Airport in 2003; and (2) FBI properly refused to confirm or deny existence of any other records concerning same individual pursuant to Exemptions 1, 3, and 7(C).

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

Court opinions issued Sept. 15, 2020

Court Opinions (2015-2023)Allan BlutsteinComment

Competitive Enter. Inst. v. U.S. Dep’t of State (D.D.C.) -- concluding that agency properly relied on Exemption 5’s deliberative process privilege to withhold legal memorandum that consisted of subordinate officials views on legal questions raised concerning Paris Climate Agreement.

Wash. Post v. SIGAR (D.D.C.) -- deciding, in most relevant part, that Special Inspector General for Afghanistan Reconstruction performed adequate search for interviews related to agency’s Lessons Learned Program, that it properly withheld records pursuant to Exemptions 7(A), 7(E), and 7(F), and that more information was required for court to evaluate withholdings under Exemptions 1, 3, 5, 6, and 7(C).

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

Court opinion issued Sept. 14, 2020

Court Opinions (2015-2023)Allan BlutsteinComment

Nat'l Day Laborer Org. Network v. ICE (S.D.N.Y.) -- finding that: (1) with the exception of one record, ICE improperly relied on attorney-client and attorney work-product privileges to withhold records concerning DHS’s “Priority Enforcement Program”; (2) ICE did not justify its withholding of memoranda under deliberative process privilege and DHS neglected to explain how disclosure of deliberative memoranda would reasonably cause harm; (3) government properly withheld some but not all records categorized as talking points, emails, and draft documents.

Houser v. HHS (D D.C.) -- ruling that HHS performed reasonable search for records pertaining to plaintiff'-prisoner’s former nursing homes and that agency properly withheld third-party records pursuant to Exemption 6.

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

Court opinion issued Sept. 13, 2020

Court Opinions (2015-2023)Allan BlutsteinComment

Knight First Amendment Inst. at Columbia Univ. v. DHS (S.D.N.Y. ) — denying government’s request for reconsideration of court’s September 13, 2019 determination that ICE’s search was inadequate, and clarifying that its September 23, 2019 decision required government to disclose certain records to plaintiff promptly.

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

Court opinions issued Sept. 11, 2020

Court Opinions (2015-2023)Allan BlutsteinComment

Campaign for Accountability v. DOJ (D.D.C.) -- rejecting plaintiff’s allegation that all legal opinions of Office of Legal Counsel must be affirmatively disclosed under FOIA’s “reading-room” provision, but concluding that OLC opinions “that resolve disputes between agencies” plausibly qualify for disclosure.

Rossmann v. SSA (D.D.C.) -- finding that plaintiff failed to administratively appeal agency’s response to his FOIA/PA request for records concerning Supplemental Security Income benefits.

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

Court opinion issued Sept. 10, 2020

Court Opinions (2015-2023)Allan BlutsteinComment

Watson v. DOJ (D.D.C.) -- determining that: (1) plaintiff failed to administratively appeal response of Executive Office of United States Attorneys regarding his request for records about himself; and (2) FBI conducted adequate search for records about plaintiff and properly withheld certain records pursuant to Exemptions 7(C), 7(D), 7(E), and 7(F).

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

Court opinions issued Sept. 8, 2020

Court Opinions (2015-2023)Allan BlutsteinComment

Perez v. ICE (S.D.N.Y) -- adopting in full magistrate judge’s report and recommendation that: (1) plaintiff was bound by agreement with government that was “so-ordered” by magistrate to narrow scope of litigation; (2) agency properly relied on Exemption 6 to withhold in full two witness statements regarding investigation into plaintiff’s allegations of unethical misconduct and mismanagement by agency employee; and (3) agency properly found that eight categories of collected records were not responsive to plaintiff’s request.

Ramcharan v. DEA (D.D.C.) -- granting government’s unopposed summary judgment motion concerning plaintiff’s request for records associated with his criminal trial, noting that plaintiff had conceded sufficiency of DEA’s search and that DEA had sufficiently explained its withholdings under Exemptions 5, 6, 7(C), (7)(D), 7(E), and 7(F).

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