FOIA Advisor

Court opinions issued Jan. 18 & Jan. 20, 2017

Court Opinions (2017)Allan BlutsteinComment

Jan. 20, 2017

Hetznecker v. Nat'l Sec. Agency (E.D. Pa.) -- in case concerning "Occupy Philly" movement, denying government's motion to reconsider court order requiring agencies to submit documents for in camera review. 

Jan. 18, 2017

Dibacco v. U.S. Dep't of the Army (D.D.C.) -- ruling that the Army conducted adequate searches in response to plaintiff's 30-year old requests regarding Nazi General Reinhard Gehlen, and that the CIA properly relied on Exemptions 1 and 3 to withhold certain information from Army records. 

Huntington v. U.S. Dep't of Commerce (D.D.C.) -- concluding that the U.S. Patent & Trade Office failed to conduct a reasonable search for records concerning confidential program, and that USPTO properly withheld records pursuant to Exemption 5 (deliberative process privilege).   

Am. Civil Liberties Union v. Dep't of Def. (S.D.N.Y.) -- finding that: (1) government failed to provide sufficient information to permit court to determine whether photographs of Abu Ghraib detainees were protected by Exemption 3 ( Protected National Security Documents Act); and (2) Exemption 7(F) did not protect photographs from disclosure because government provided a "vague and unlimited" description as to who was endangered.

Am. Civil Liberties Union v. U.S. Dep't of Justice (S.D.N.Y.) -- holding that DOJ properly withheld a 2003 memorandum regarding common commercial service agreements pursuant to Exemptions 1 and 3.  

Summaries of all opinions issued since April 2015 available here.