FOIA Advisor

Court opinion issued Sept. 1, 2016

Court Opinions (2015-16)Allan BlutsteinComment

McClanahan v. U.S. Dep't of Justice (D.D.C.) -- determining that: (1) the FBI performed an adequate search in response to plaintiffs' requests for records concerning themselves, and  (2) the agency properly withheld records pursuant to Exemption 1, Exemption 3 (in conjunction with the National Security Act of 1947), Exemption 5 (attorney work product privilege), and Exemption 7(E).  

Lorber v. U.S. Dep't of the Treasury (E.D.N.Y.) -- adopting in full the Magistrate's recommendation to grant agency's summary judgment motion after finding that: (1) Treasury did not waive its right to collect applicable fees in light of "unusual" and "exceptional" circumstances; (2) Plaintiff's requests for third-party emails fell outside of the Privacy Act; (3) Plaintiff, a pro se litigant, was not entitled to attorney's fees; and (4) Treasury did not acted arbitrarily or capriciously in withholding records.     

Summaries of all opinions issued since April 2015 available here.