FOIA Advisor

Court opinions issued Aug. 17, 2021

Court Opinions (2015-2023)Allan BlutsteinComment

Citizens for Responsibility & Ethics in Wash. v. USPS (D.D.C.) -- finding that: (1) agency improperly invoked Exemption 3, in conjunction with the Postal Reorganization Act, to withhold Postmaster General Louis DeJoy’s financial disclosures, recusal and divestiture obligations, and related communications with the Office of Government Ethics; (2) Exemption 5’s attorney-client privilege did not apply to records exchanged between DeJoy or USPS and OGE’s ethics counsel; and (3) agency improperly relied on Exemptions 5’s deliberative process privilege, as well as Exemption 6, to withhold recusal memoranda.

Judicial Watch v. U.S. Dep’t of State (D.D.C.) -- ruling that agency properly relied on Exemption 5’s deliberative process privilege to withhold records pertaining to CrowdTangle, a social media monitoring program, and that statute’s foreseeable harm standard was met despite agency’s generic explanations for certain redactions.

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