FOIA Advisor

Court opinions issued Apr. 30, 2019

Court Opinions (2019)Allan BlutsteinComment

Citizens for Responsibility & Ethics in Wash. v. DOJ (D.C. Cir.) -- in a 2-1 opinion, affirming district court’s decision to dismiss plaintiff’s claim seeking all formal written opinion of Office of Legal Counsel, as well as indices of those opinions, under so-called “reading-room” provision. The dissent argued that the majority erroneously placed burden on plaintiff to request records that were not exempt, and that plaintiff alleged sufficient facts to survive motion to dismiss.

Brennan Ctr. for Justice at N.Y. Univ. Sch. of Law v. DOJ (S.D.N.Y.) -- ruling that: (1) DHS and OMB performed inadequate search for records pertaining to President Trump’s voter integrity commission; and (2) government was required to determine whether relevant custodians maintained responsive records on their personal email accounts, because plaintiff produced evidence that two agency employees maintained such records.

Willis v. Nat'l Sec. Agency (D.D.C.) -- finding that NSA properly refused to confirm or deny existence of intelligence records pertaining to plaintiff under Exemptions 1 and 3, and that it performed adequate search for non-intelligence records.

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