FOIA Advisor

Court opinions issued Mar. 28, 2017

Court Opinions (2015-2023)Allan BlutsteinComment

Smith v. Sessions (D.D.C.) -- concluding that FBI conducted reasonable search for records concerning plaintiff's criminal case, properly withheld information under Exemptions 5, 7(A), 7(C), and 7(E), and released all reasonably segregable information.

Judicial Watch v. DOD (D.D.C.) -- finding that government properly withheld five memoranda concerning raid, capture, and/or killing of Osama bin Laden pursuant to Exemption 1, Exemption 3 (National Security Act of 1947), and Exemption 5 (deliberative process, attorney-client, and presidential communications privileges). 

King v. DOJ (D.D.C.) -- ruling that: (1) Office of Solicitor General performed reasonable search for records concerning plaintiff's criminal case; (2) plaintiff failed to administratively appeal FBI's determination; (3) Drug Enforcement Agency performed reasonable search and properly withheld records under Exemptions 7(C), 7(D), 7(E), and 7(F); and (4) Executive Office for United States Attorneys improperly relied on mere existence of district court sealing order to withhold plaintiff's criminal case file.

Borda v. DOJ (D.D.C.) -- determining that Executive Office of United States Attorneys failed to show it performed adequate search for records concerning plaintiff's criminal case and failed to explain why non-exempt portions of plea agreements could not be released.  

Passmore v. DOJ (D.D.C.) -- ruling that: (1) FBI performed adequate search for requested email between plaintiff and his murder victim; (2) plaintiff was not entitled to waiver of fees associated with request; and (3) agency properly withheld responsive information under Exemptions 7(C) and 7(E). 

Thomas v. DOJ (D.D.C.) -- holding that Executive Office of United States Attorneys failed to adequately explain how the U.S. Attorney's Office for the District of Columbia searched for records concerning plaintiff's criminal case. 

Summaries of all opinions issued since April 2015 available here.