FOIA Advisor

Court Opinions (2019)

Court opinions issued Apr. 11, 2019

Court Opinions (2019)Allan BlutsteinComment

Bartko v. DOJ (D.D.C.) -- finding that EOUSA properly relied on Exemption 7(C) to withhold third-party information from three criminal case files, but that it failed to adequately explain its search for emails.

Poitras v. DHS (D.D.C.) -- denying plaintiff’s request for attorney’s fees after finding that: (1) plaintiff had self-interested motives to seek records concerning her repeated border and airport detentions; and (2) withholdings by agencies were proper, let alone reasonable.

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

Court opinion issued Apr. 9, 2019

Court Opinions (2019)Allan BlutsteinComment

Wolk Law Firm v. NTSB (E.D. Pa.) -- concluding that: (1) cell phone video of airplane cockpit was protected by Exemption 3 in conjunction with 49 U.S.C. § 1114(c)(1); (2) agency was required to produce documents concerning the chain-of-custody of airplane wreckage; (3) agency properly withheld records pursuant to Exemptions 2, 4, 5, and 6.

Jordan v. DOL (W.D. Mo.) -- denying plaintiff’s motion for reconsideration after finding that the agency disclosed to plaintiff the “very documents he sought in one of the formats he sought.”

Rogers v. EOUSA (D.D.C.) -- ruling that plaintiff’s civil forfeiture settlement agreement with IRS barred FOIA plaintiff’s request to Executive Office for U.S. Attorneys for related records, declining to extend D.C. Circuit’s 2017 holding regarding validity of FOIA waivers set forth in criminal plea agreements.

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

Court opinion issued Apr. 4, 2019

Court Opinions (2019)Allan BlutsteinComment

Assassination Archives & Research Ctr. v. CIA (D.D.C.) -- adopting magistrate’s recommendation to deny plaintiff’s request for nearly $104,000 in attorney’s fees and costs in connection with request for assassination records concerning Adolf Hitler and Fidel Castro; rejecting plaintiff’s argument that court should abandon D.C. Circuit’s four-factor entitlement test and concluding that CIA acted reasonably in response to plaintiff’s request.

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

Court opinion issued April 1, 2019

Court Opinions (2019)Allan BlutsteinComment

Hohman v. IRS (6th Cir.) (unpublished)-- concluding that appellant offered no compelling reason for failing to appeal magistrate judge’s report and recommendation to district court, and thus affirming district court’s decision that government properly relied on Exemptions 6 and 7(C) to withhold records from Treasury Inspector General of Tax Administration concerning agency misconduct.

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

Court opinion issued Mar. 30, 2019

Court Opinions (2019)Allan BlutsteinComment

Am. Oversight v. HHS (D.D.C.) -- deciding that:HHS and Office of Management & Budget improperly redacted as “non-responsive” portions of email chains between agencies and Congressional Republicans concerning the Affordable Care Act, and that they also improperly withheld records based upon “consultant corollary” theory to deliberative process privilege.

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