FOIA Advisor

Court opinions issued Sept. 27, 2019

Court Opinions (2015-2023)Allan BlutsteinComment

NY Times v. DOJ (2nd Cir.) -- concluding that Attorney General Holder’s public statements waived attorney work- product privilege with respect to portion of only one of five memoranda regarding CIA treatment of detainees overseas, reversing in part and affirming in part district court’s decision that Holder had “expressly adopted” reasoning of all memoranda.

Ctr. for Biological Diversity v. U.S. Army Corps of Eng’rs. (D.D.C.) -- determining that: (1) Army Corp of Engineers and U.S. Customs & Border Protection performed adequate search for records provided to President-elect Trump’s Transition Team about construction of wall on southern border, and (2) all disputed withholdings were justified under Exemptions 5, 6, and 7(E).

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