FOIA Advisor

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Court opinions issued July 9, 2019

N.Y. Times v. U.S. Dep't of State (S.D.N.Y.) -- concluding that with two minor exceptions, agency properly relied on deliberative process and attorney-client privileges to withhold two chain emails concerning Transportation Secretary Chao’s planned trip to China in 2017.

Bartko v. DOJ (D.D.C.) -- ruling that “government-misconduct” exception did not apply to records withheld by EOUSA pursuant to deliberative process privilege and that agency otherwise met its burden of producing responsive records.

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