FOIA Advisor

Court opinions issued Mar. 29, 2018

Court Opinions (2015-2023)Allan BlutsteinComment

Judicial Watch v. U.S. Dep't of State (D.D.C.) -- ruling that State Department properly relied on deliberative process privilege to withhold records originally generated by non-agency employees in preparation for Senate confirmation hearings of Secretary of State nominee Hillary Clinton and Legal Adviser Designate Harold Koh; further ruling that agency properly withheld private email addresses pursuant to Exemption 6, which plaintiff did not dispute. 

Knowles v. U.S. Dep't of State (D.D.C.) -- finding that State Department performed reasonable search for records concerning plaintiff's extradition from the Bahamas, and that State Department and/or DOJ's Criminal Division properly withheld records pursuant to Exemptions 1, 5, 6, and 7(C). 

Tokar v. DOJ (D.D.C.) -- concluding that: (1) Criminal Division's creation of chart regarding selection of corporate compliance monitors for fifteen corporations did not satisfy obligation to conduct adequate search for records in absence of agreement with plaintiff; (2) Criminal Division properly invoked Exemption 4 to withhold company's compliance program concerning Foreign Corrupt Practices Act; (3) agency improperly withheld, pursuant to Exemption 6 and 7(C): (a) "names of monitor selection committee members who are not part of DOJ’s senior management;" (b) "names and related personal identifying information concerning the individuals nominated but not selected to be monitors;” and (c) "names of the unselected nominees when those names appeared in a company’s response letter to its submitter notice."

Summaries of all opinions issued since April 2015 available here