FOIA Advisor

Court opinion issued May 6, 2026

Court Opinions (2026)Allan BlutsteinComment

Welter v. U.S. Dep't of the Air Force (D.D.C.) -- in a case where plaintiffs sought Air Force records relating to a child abuse and neglect investigation, granting in part and denying in part both parties' cross-motions for summary judgment; concluding that the Air Force properly invoked Exemption 5's deliberative process privilege for portions of emails and Family Advocacy Program records containing questions, advice, and give-and-take discussion about how to proceed with the investigation, but improperly redacted purely factual information that merely recounted events or consisted of directives from superiors to subordinates, noting that "directions to deliberate do not themselves constitute deliberation"; concluding further that the Air Force adequately demonstrated foreseeable harm by explaining that disclosure would chill candid internal discussions and discourage witnesses from reporting abuse; and lastly, rejecting the Air Force's reliance on Exemption 2 to withhold an email concerning its policy for contacting patients, because under Milner v. Dep't of the Navy, 562 U.S. 562 (2011), Exemption 2 covers rules about personnel, not rules "for personnel to follow in the discharge of their governmental functions."

Summaries of published opinions issued in 2026 are available here. Earlier opinions are available for 2025, 2024, and from 2015 to 2023.