FOIA Advisor

Court opinions issued Aug. 16 & 17, 2016

Court Opinions (2015-16)Allan BlutsteinComment

Aug. 17, 2016

ACLU v. FBI (D. Mass.) -- finding that: (1) the FBI conducted a reasonable search for records concerning the FBI's Boston field office and the Joint Terrorism Task Force; (2) the FBI did not justify its use of Exemption 7(E) to withhold staffing and budget information or certain case statistics; and (3) the Executive Office for United States Attorneys was required to conduct a search because it failed to prove that all records in its possession would be duplicative of FBI's records.

Aug. 16, 2016

Carter v. United States (S.D. Ohio) -- granting summary judgment to the Executive Office for United States Attorneys because the agency averred that it never received plaintiff's request and plaintiff was unable to establish otherwise.

Widi v. McNeil (D. Me.) -- in a case aptly described by the court as "tortuous," the court ruled that: (1) the Bureau of Alcohol, Tobacco, and Firearms, and Explosives performed an adequate search for records about plaintiff's criminal trial; (2) the government properly withheld certain records pursuant to Exemption 7(E), but that it did not prove that it properly withheld certain records under Exemptions 3, 5, 7(D), or 7(F); (3) the Executive Office for United States Attorneys properly referred certain records to ATF for processing.    

Summaries of all opinions issued since April 2015 available here.