Court opinions issued Aug. 21, 2018

Am. Civil Liberties Union v. DOD (2nd Cir.) -- reversing district court's decision and holding that detainee photographs were protected from disclosure pursuant to Exemption 3 in conjunction with the Protected National Security Documents Act of 2009. 

Protect Democracy Project v. DOD (D.D.C.) -- ruling that: (1) government properly relied on presidential communications privilege to withhold three legal memoranda pertaining to U.S. missile attack in Syria; (2) government properly invoked attorney-client privilege to withhold legal advice of Office of Legal Counsel to Attorney General; (3) government properly relied on deliberative process privilege to withhold talking points used to respond to media inquiries, except for portion that government officially acknowledged.

Bonfilio v. OSHA (D.D.C.) -- finding that agency performed adequate search for records of deaths or injuries occurring on property of four construction companies, and that agency properly withheld information pursuant to Exemptions 6 and 7(C).  

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

Court opinion issued Aug. 20, 2018

Nat'l Sec. Counselors v. CIA (D.D.C.) -- finding that CIA's supplemental search for records of certain search tools and indices was reasonable and that agency properly withheld records pursuant to Exemption 3 (National Security Act) and Exemption 5 (deliberative process privilege).

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

Court opinion issued Aug. 17, 2018

People for the Ethical Treatment Animals v. HHS (D.C. Cir.) -- affirming district court's decision that HHS properly relied on Exemption 4 to withhold records about importation of nonhuman primates, specifically shipment-by-shipment quantity, crate size, and airline carrier information.

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

Court opinion issued Aug. 15, 2018

Elec. Privacy Info. Ctr. v. DOJ (D.D.C.) -- ruling that DOJ properly relied on Exemption 5 (deliberative process and presidential communications privileges) and Exemption 6 to withhold various records pertaining to "evidence-based assessment tools that seek to predict the statistical probability of an individual’s recidivism."

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

Court opinion issued Aug. 14, 2018

Djenasevic v. EOUSA (D.D.C.) -- determining that: (1) Executive Office for United State Attorneys and Drug Enforcement Administration performed reasonable searches for records concerning plaintiff, a convicted heroin dealer; (2) EOUSA properly withheld records pursuant to Exemption 3 (grand jury), 5 (deliberative process privilege), 6, and 7(C); (3) DEA properly withheld records pursuant to Exemption 7(D), 7(E), and 7(F).

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

Court opinions issued Aug. 9, 2018

Competitive Enter. Inst. v. Dep't of Treasury (D.D.C.) -- ruling that agency properly invoked Exemption 1 to withhold letter exchanged between Bank of England and Treasury Secretary Jack Lew.

Milbrand v. U.S. Dep't of Labor (E.D. Mich.) -- finding that agency performed adequate search for business email addresses of state compliance officers, and the agency properly withheld business email address of federal compliance officers pursuant to Exemption 6. 

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

FOIA News: POTUS may "get involved" in FOIA for McCabe texts

Trump threatens to 'get involved' in watchdog group's efforts to obtain McCabe text messages

By Avery Anapol, The Hill,  Aug. 11, 2018

President Trump on Saturday criticized the FBI for not turning over former FBI deputy director Andrew McCabe’s text messages to right-leaning watchdog group Judicial Watch.

The group is pursuing the texts through Freedom of Information Act requests to the Justice Department,  seeking communications and text messages from a number of current and former FBI officials.

The president threatened in a misspelled tweet to “get involved” in the effort, and warned the FBI not to “destroy” the items.

Read more here.

Court opinion issued Aug. 6, 2018

Advocates for the West v. DOJ (D. Idaho) -- concluding that Office of Legal Counsel properly relied on attorney-client, deliberative process, and presidential communications privileges to withhold twelve legal memoranda regarding the President's authority to alter national monuments. 

Summaries of all published opinions issued since April 2015 available here

Court opinions issued Aug. 3, 2018

Bartko v. DOJ (D.C. Cir.) -- ruling that: (1) Office of Professional Responsibility had "not come close to showing" that records of allegations of misconduct against senior prosecutor were compiled for law enforcement purposes, reversing  district's decision concerning OPR's Exemption 7(C) "Glomar" response; (2) OPR "dropped the ball" in withholding investigatory records concerning plaintiff pursuant to Exemptions 6 and 7(C), but properly withheld documents pursuant to deliberative process privilege; (3) FBI, SEC, IRS, and U.S. Postal Inspection Service properly withheld records pursuant to Exemption 7(C); (4) in light of intervening case law, district court needed to reconsider FBI's use of Exemption 3 to withhold records produced in response to grand jury subpoena; and (5) SEC performed reasonable search and properly withheld records pursuant to Exemptions 5 and 8.

Brennan Ctr. for Justice v. DHS (S.D.N.Y.) -- finding that FBI performed adequate search for records concerning "Countering Violent Extremism Initiative, and that FBI and/or DHS properly withheld records pursuant to Exemptions 1, 3, 5, 7(D), and 7(E).  

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

Court opinion issued July 31, 2018

Lantz v. U.S. Dep't of Commerce (D.D.C.) -- in what might be the first FOIA opinion to include photograph, finding that U.S. Patent and Trade Office performed reasonable search for trademark application for " Eat More Kale" and that agency properly withheld records pursuant to deliberative process privilege.

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