FOIA Advisor

Court opinions issued Mar. 31, 2019

FOIA News (2019)Allan BlutsteinComment

Elgabrowny v. CIA (D.D.C.) -- finding that: (1)(a) FBI performed reasonable search for handwritten notes pertaining to interview of Ramzi Ahmed Yousef; (b) Executive Office for U.S. Attorneys failed to sufficiently describe its search for records pertaining to plaintiff’s criminal case; (c) CIA conducted adequate search in response to plaintiff’s request for a court-filed exhibit, but failed to even respond to plaintiff’s second request; and (2) CIA properly withheld records pursuant to Exemption 3 in conjunction with National Security Act of 1974.

Matthews v. FBI (D.D.C.) -- determining that: (1) FBI performed adequate search for records concerning plaintiff’s prosecution for wire and bank fraud; (2) agency properly withheld records pursuant to Exemption 3 (in conjunction with Federal Rule of Criminal Procedure 6(e); Exemption 5 (deliberative process, attorney work-product, and attorney-client privileges), and Exemptions 6, 7(C), 7(D), and 7(E), except for agency’s use of Exemption 6 to withhold Federal Tort Claims Act file and its use of Exemption 7(D) regarding certain informants; and (3) plea agreement that prohibited plaintiff from requesting FBI’s investigatory files was unenforceable because it would serve no “legitimate criminal justice interest.”

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