FOIA Advisor

Court opinions issued May 11, 13, & 14, 2021

Court Opinions (2015-2023)Allan BlutsteinComment

May 14, 2021

Kilmer v. U.S Customs & Border Patrol (D.D.C.) -- concluding that: (1) except in one minor respect, CBP performed adequate search for records concerning its interactions with Canadians seeking entry to participate in 2017 Women’s March; and (2) CBP’s broad explanations for its use of Exemptions 5, 6, 7(C), and 7(E) did not permit the court to meaningfully review withholdings.

May 13, 2021

Rutigliano v. DOJ (2nd Cir.) -- summarily affirming district court’s decision that DOJ properly relied on Exemption 5 to withhold a “prosecution declination memorandum.”

May 11, 2021

Xanthopoulos v. IRS (D. Minn.) -- finding that IRS properly invoked Exemption 7(E) to redact agency’s Internal Revenue Manual and declining to decide whether the “foreseeable harm” provision imposes a heightened showing by the government.

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