FOIA Advisor

Court opinions issued Aug. 3, 2018

Court Opinions (2018)Allan BlutsteinComment

Bartko v. DOJ (D.C. Cir.) -- ruling that: (1) Office of Professional Responsibility had "not come close to showing" that records of allegations of misconduct against senior prosecutor were compiled for law enforcement purposes, reversing  district's decision concerning OPR's Exemption 7(C) "Glomar" response; (2) OPR "dropped the ball" in withholding investigatory records concerning plaintiff pursuant to Exemptions 6 and 7(C), but properly withheld documents pursuant to deliberative process privilege; (3) FBI, SEC, IRS, and U.S. Postal Inspection Service properly withheld records pursuant to Exemption 7(C); (4) in light of intervening case law, district court needed to reconsider FBI's use of Exemption 3 to withhold records produced in response to grand jury subpoena; and (5) SEC performed reasonable search and properly withheld records pursuant to Exemptions 5 and 8.

Brennan Ctr. for Justice v. DHS (S.D.N.Y.) -- finding that FBI performed adequate search for records concerning "Countering Violent Extremism Initiative, and that FBI and/or DHS properly withheld records pursuant to Exemptions 1, 3, 5, 7(D), and 7(E).  

Summaries of all published opinions issued since April 2015 available here