FOIA Advisor

Court opinions issued June 26, 2023

Court Opinions (2015-2023)Allan BlutsteinComment

The James Madison Project v. NSA (D. Md.) — ruling that NSA properly relied on Exemptions 1 and 3 to withhold intelligence records concerning hostile country’s “high-powered microwave system weapon” that was discussed in agency’s 2014 unclassified memo to a former employee.

Elliott v. U.S. Dept. of Agric. (D. Md.) -- dismissing plaintiff’s claim because he failed to administratively appeal from agency’s “no records” response before filing his lawsuit.

Stonehill v. DOJ (D.D.C.) -- determining, in most relevant part, that plaintiff was a proper party because the FOIA requests at issue—which were submitted by her attorney—all identified plaintiff and referred to an attached power of attorney document that identified plaintiff’s attorney; further noting that agency’s summary judgment motion made clear that agency was aware of attorney’s representation of plaintiff in “this string of related FOIA actions going back decades.”

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