FOIA Advisor

Court opinions issued May 22, 2019

Court Opinions (2019)Allan BlutsteinComment

Pub. Citizen. v. U.S. Dep't of Educ. (D.D.C.) -- concluding that agency properly relied on deliberative process and attorney-client privileges to withhold records pertaining to agency event, notably including the name of agency attorney from whom advice was sought.

Amadis v. DOJ (D.D.C. ) -- ruling that: (1) plaintiff failed to exhaust administrative remedies with respect to responses issued by DEA and FBI, notwithstanding those agencies’ offers to perform additional searches; (2) DEA performed adequate search for records pertaining to agency’s processing of plaintiff’s earlier FOIA request; (3) FBI properly relied on Exemption 7(E) to withhold search slips and case notes pertaining to its processing of plaintiff’s earlier FOIA request; (4) DOJ’s Office of Information Policy reasonably interpreted scope of plaintiff’s request and properly relied on Exemptions 5 and 6 to withhold information from its appeal “blitz” forms; (5) Department of State performed adequate search for records pertaining to its processing of plaintiff’s earlier FOIA request.

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