FOIA Advisor

Court opinions issued Sept. 25-26, 2018

Court Opinions (2015-2023)Allan BlutsteinComment

Sept. 26, 2018

James Madison Proj. v. CIA (D.D.C.) -- deciding that CIA, FBI, and NSA properly issued Glomar responses pursuant to Exemptions 1 and 3 with respect to requests about “a May 10, 2017 meeting in which President Trump allegedly shared ‘sensitive classified information’ concerning a terrorist threat with the Russian Foreign Minister and the Russian Ambassador to the United States.”

Buzzfeed v. DOJ (D.D.C.) -- determining that FBI properly relied on Exemptions 7(A) and 7(E) in refusing to confirm or deny existence of aerial surveillance records pertaining to specific airplanes.

Sept. 25, 2018

SAI v. TSA (D.D.C.) -- ruling that: (1) plaintiff could not add Rehabilitation Act claim regarding format of requested records; (2) agency did not sufficiently demonstrate that records were not “readily reproducible” in format requested by plaintiff; (3) agency failed to explain why it could not release legible copies of six disputed pages; (4) agency’s search was inadequate because agency failed to search four additional offices, failed to demonstrate that it searched relevant time frame, and failed to adequately describe certain searches; (5) additional briefing was necessary as to whether records withheld pursuant to Exemption 3 had been released previously to another requester; (6) agency did not sufficiently explain whether redactions made pursuant to deliberative process privilege in response to one request included factual information, but otherwise agency’s redactions were proper; and (7) agency carried its burden of proof with respect to Exemption 6 and 7(C) withholdings, except for contact information of agency employees.

Bartko v. DOJ (D.D.C.)

Smart-Tek Servs.v. IRS (S.D. Cal.) -- concluding that IRS performed reasonable search for plaintiff’s administrative file and that records of “alter ego” taxpayers were either non-responsive or protected from disclosure pursuant to section 6013 of the Internal Revenue Code.

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