Electronic Frontier Found. v. Dept. of Justice, No. 12-5363 (D.C. Cir. 2014)
Annotate this CaseEFF appealed the district court's denial of its Freedom of Information Act (FOIA), 5 U.S.C. 552 et seq., request for disclosure of a legal opinion prepared for the FBI by the OLC. The court held that the opinion, which was requested by the FBI in response to the OIG's investigation into its information-gathering techniques, was protected by the deliberative process privilege; the FBI did not adopt the opinion and thereby waive the deliberative process privilege; and because the entire opinion was exempt from disclosure under the deliberative process privilege, the court need not decide whether particular sections were properly withheld as classified or whether some material was reasonably segregable from the material properly withheld. Accordingly, the court affirmed the judgment of the district court.
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