FOIA Advisor

Court opinions issued Aug. 21, 2018

Court Opinions (2015-2023)Allan BlutsteinComment

Am. Civil Liberties Union v. DOD (2nd Cir.) -- reversing district court's decision and holding that detainee photographs were protected from disclosure pursuant to Exemption 3 in conjunction with the Protected National Security Documents Act of 2009. 

Protect Democracy Project v. DOD (D.D.C.) -- ruling that: (1) government properly relied on presidential communications privilege to withhold three legal memoranda pertaining to U.S. missile attack in Syria; (2) government properly invoked attorney-client privilege to withhold legal advice of Office of Legal Counsel to Attorney General; (3) government properly relied on deliberative process privilege to withhold talking points used to respond to media inquiries, except for portion that government officially acknowledged.

Bonfilio v. OSHA (D.D.C.) -- finding that agency performed adequate search for records of deaths or injuries occurring on property of four construction companies, and that agency properly withheld information pursuant to Exemptions 6 and 7(C).  

Summaries of all published opinions issued since April 2015 are available here.