FOIA Advisor

Court opinions issued April 8, 2020

Court Opinions (2015-2023)Allan BlutsteinComment

Stevens v. DHS (S.D. Ill.) -- determining that: (1) Immigration, Customs, and Enforcement (ICE) performed adequate search for records concerning its detainee volunteer work program; (2) ICE properly withheld records pursuant to Exemption 5’s attorney-client privilege, but improperly relied on the deliberative process privilege to withhold “messaging communications”; and (3) Exemptions 6 and 7(C) did not protect names of federal employees mentioned in emails.

Vietnam Veterans of America v. DOD (D. Conn.) -- ruling that DOD properly relied on Exemption 6 to withhold names of service members who were tested for plutonium contamination related to 1966 Palomares nuclear accident, including names of deceased veterans.

Canning v. U.S. Dep’t of State (D.D.C.) -- on third round of briefing, finding that State Department properly withheld records pursuant to Exemption 1 and properly withheld draft letters from President Obama to King Abdullah of Saudi Arabia pursuant to Exemption 5.

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