FOIA Advisor

Court opinions issued Mar. 5, 2019

Court Opinions (2019)Allan BlutsteinComment

Citizens for Responsibility & Ethics in Wash. v. GSA (D.D.C.) -- determining that information about FBI’s headquarters building could not be withheld from agency’s “Findings and Determination” document pursuant to deliberative process privilege because the information was not pre-decisional.

Abakporo v. EOUSA (D.D.C.) -- ruling that government improperly relied on Exemption 3, in conjunction with Rule 6(e) of the Federal Rules of Criminal Procedure, to withhold “dates on which the term of the grand jury that returned an indictment against [plaintiff] was extended, as well as any court orders relating to those extensions.”

Jackson v. EOUSA (D.D.C.) -- concluding that agency performed reasonable search for records pertaining to plaintiff’s criminal case and that it properly withheld third-party information pursuant to Exemption 6.

Gizmodo Media Grp. v. FBI (S.D.N.Y.) -- deciding that FBI conducted adequate search for records about Roger Ailes, founder of Fox News, by performing index search of its Central Records System.

Cochran v. DHS (D. Md.) -- finding that FEMA conducted reasonable search for certain records pertaining to security clearance of plaintiff, a former FEMA employee.

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