FOIA Advisor

Court opinions issued Oct. 31, 2022

Court Opinions (2015-2023)Allan BlutsteinComment

Emery v. DOJ-FBI (D.D.C.) -- holding that: (1) plaintiff’s failure to appeal ATF’s original decision was moot, because agency issued a new decision after plaintiff filed suit; (2) FBI performed adequate search for records concerning plaintiff, who did not oppose government’s motion; and (3) FBI properly withheld records pursuant to Exemptions 6, 7(C), 7(D), and 7(E), which plaintiff did not oppose.

Emery v. DOJ-ATF (D.D.C.) -- ruling that: (1) plaintiff’s failure to appeal ATF’s original decision was moot, because agency issued a new decision after plaintiff filed suit; (2) ATF conducted adequate search for records concerning plaintiff, who did not oppose agency’s declarations; (3) ATF properly withheld records pursuant to Exemption 3 in conjunction with Federal Rule of Criminal Procedure 6(e), as well as Exemptions 5, 6, 7(C), and 7(E), none of which plaintiff contested; and (4) plaintiff was ineligible to receive costs of litigation because he did not substantially prevail.

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