FOIA Advisor

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Court opinions issued Mar. 30, 2018

Jordan v. DOL (D.D.C.) -- deciding that agency improperly withheld email under attorney-client privilege, noting that "simply copying an attorney on a communication does not make that communication privileged.'

Am. Immigration Lawyers Ass'n v. DHS (D.D.C.) -- determining that U.S. Customs and Border Patrol failed to perform reasonable search for certain policy records and instructions disseminated to customs officials at U.S. ports-of-entry.

Reilly v. DOJ (D. Conn.) -- ruling that FBI properly relied on Exemption 3, 6 and 7(C) to withhold wiretap surveillance tapes concerning criminal investigation of Bridgeport Mayor Joe Ganim. In reaching its decision, the court stated that exposing Ganim's misconduct as elected official was not in public interest because it would not shed light on misconduct by federal officials. 

Yanofsky v. U.S. Dep't of Commerce (D.D.C.) -- holding that FOIA's fee scheme was not displaced by the Mutual Educational And Cultural Exchange Act of 1961 and the Appropriations Act of 2016, and thus Commerce improperly billed plaintiff $173,775 in connection with his request about visitors and international flights to United States.

Turner v. U.S. Dep't of the Treasury (E.D. Cal.) -- concluding that Financial Crimes Enforcement Network performed adequate search for copy of Currency Transaction Report concerning plaintiff. 

Summaries of all opinions issued since April 2015 available here.