FOIA Advisor

Court opinions issued May 21, 2026

Court Opinions (2026)Allan BlutsteinComment

Heritage Found. v. DOJ (D.D.C.) -- granting in part and denying in part former President Biden's motion to intervene in FOIA suit seeking Special Counsel recordings and transcripts of conversations between Biden and his ghostwriter/biographer, where DOJ abandoned its prior position opposing disclosure and left no party to adequately represent Biden’s privacy interests; granting intervention to oppose production of the materials to plaintiffs, but denying intervention as to cross-claims challenging a separate planned disclosure to the House Judiciary Committee on grounds that an intervenor may not inject issues not already before the court by another party.

Stevens v. HHS (N.D. Ill.) -- denying cross-motions for summary judgment on adequacy of search where HHS's declarations were insufficiently detailed to allow meaningful review of its searches for position announcements, work product, and travel records related to a former HHS employee now serving in Congress, and where CBP's search of tens of millions of documents had been narrowed to only 5,766 pages using a single search term without applying plaintiff's proposed narrowing parameters; ordering CBP to apply specified search terms to documents under 100 pages from 2019 only across multiple offices, while reserving for trial disputes over the adequacy of searches in various offices, CBP's withholdings, and whether the narrowed search would still be unduly burdensome.

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