FOIA Advisor

Court opinions issued Nov. 19, 2015

Court Opinions (2015-16)Allan BlutsteinComment

Thompson v. U.S. Dep't of Justice (D.D.C) -- ruling that the Criminal Division conducted a reasonable search for information related to court-authorized wiretap surveillance in connection with plaintiff's criminal case.  The court found that the agency performed a reasonable search and properly withheld seven categories of documents pursuant to the attorney-work-product privilege.  Despite prevailing, the government was chided by the court for failing to identify three FOIA lawsuits of plaintiff's criminal co-defendants as "related cases" and for copying 15 pages from its summary judgment motion and pasting them into its reply brief.    

Nolen v. Dep't of Justice (D.D.C.) -- holding that FBI performed an adequate search for records concerning Martin Droll, a deceased socialist writer and organizer.  The court concluded that the agency was not required to search the files of organizations with whom the subject was affiliated, because plaintiff failed to identify those organizations in his request.  Additionally, the court held that the FBI field offices located where plaintiff was born and died were not required as a matter of course to search for records.  

Summaries of all opinions issued since April 2015 available here.