FOIA Advisor

Court opinion issued Apr. 17, 2023

Court Opinions (2015-2023)Allan BlutsteinComment

Council on American-Islamic Relations v. USCIS (D. Conn.) -- ruling that: (1) government failed to demonstrate that an immigration-related report was “closely held” within the Executive Branch, which precluded withholding it in full pursuant to Exemption 5’s presidential communications privilege; the presidential communications privilege covering the report was not waived by official disclosure; and government satisfied the foreseeable harm standard; (2) government properly withheld portions of the report pursuant to Exemption 5’s deliberative process privilege, as well as Exemptions 1, 3, and 7(E); and (3) State Department properly invoked Exemption 7(E) to withhold information from “State Cable” and “Operational Q&A” documents. and it properly withheld a draft Paperwork Reduction Act-related document pursuant to the attorney-client and deliberative process privileges.

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