FOIA Advisor

Court opinions issued Feb. 10-Feb. 12, 2016

Court Opinions (2015-16)Allan BlutsteinComment

Feb. 12, 2016

Judicial Watch v. U.S. Dep't of Justice (D.C. Cir.) -- holding that a court order concerning settlement discussions between U.S. House and DOJ with respect to "Fast and Furious" records was too ambiguous on its face to justify withholding requested records; remanding the case to district court for further proceedings, i.e., to clarify the meaning of the court order in question. 

Feb. 11, 2016

Citizens for Responsibility & Ethics in Wash. v. U.S. Dep't of Justice (D.D.C.) -- ruling on remand from D.C. Circuit that plaintiff offered sufficient to support the court's use of "LSI-adjusted rates" in calculating award of attorneys' fees.

Feb. 10, 2016

Competitive Enter. Inst. v. Office of Sci. & Tech. Policy (D.D.C) -- finding that: (1) draft versions of agency's final response to plaintiff's Information Quality Act request were properly withheld under deliberative process privilege; (2) agency failed to demonstrate that its communications with a Rutgers University professor fell within the "consultant corollary" principle to the deliberative process privilege; and (3) deliberative process privilege did not protect email discussions of video in which an agency employee had expressed personal opinions.

Summaries of all opinions issued since April 2015 available here.