FOIA Advisor

Court opinions issued August 28, 2015

Court Opinions (2015-16)Allan BlutsteinComment

Cause of Action v. Internal Revenue Serv. (D.D.C.) -- granting in part and denying in part the parties' motions for summary judgment.  With respect to plaintiff's request for FOIA-related records pertaining to Section 6103 of Internal Revenue Code, the court held that the IRS conducted an adequate search and that its withholdings from these records were proper under Exemption 5 (deliberative process privilege).  As for plaintiff's request for any requests by the Executive Office of the President for tax information, the court held that IRS properly withheld "tax check" records under Section 6103, but that: (a) any other requests would not be protected by Section 6103, and (b) the search described by the agency was inadequate. Regarding plaintiff's request for any federal agency requests for tax information, the court rejected the IRS's argument that any responsive records would be protected by Section 6103 and/or Exemptions 6 and 7(C).  

Note:  Mr. Blutstein co-represented Cause of Action in this case.

Envtl. Integrity Project v. Small Bus. Admin. (D.D.C.) -- determining after in camera  review that SBA properly withheld all records responsive to plaintiff's request pursuant to the deliberative process privilege. 

Summaries of all cases since April 2015 are available here.