FOIA Advisor

Court opinion issued May 30, 2019

Court Opinions (2019)Allan BlutsteinComment

Am. Civil Liberties Union v. NSA (2nd Cir.) -- affirming district court’s decision that six intelligence program documents were exempt from disclosure under Exemptions 1 and 3, and that a DOJ/Office of Legal Counsel memorandum was protected pursuant to Exemption 5. Notably, the Circuit rejected appellant’s arguments that the government’s Exemption 5 withholdings were undermined by the doctrines of “working law,” “express adoption,” or “incorporation by reference.”

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