Executive Privilege

AG defense of proposed amendments misses mark

  In a letter to the editor published in The Washington Post Tuesday, D.C. Attorney General Irvin Nathan attempted to defend the Gray administration’s proposed Freedom of Information Act amendments by likening FOI Act requests to broad government subpoenas aimed at the newspaper or private citizens.

  He asked, “How would The Post, or any citizen, react if the government could subpoena all of its records, no matter how voluminous, without giving a reason; demand that they be produced in a matter of days; and leave the courts powerless to get any explanation for the demand, to place any substantive limits on it or even to extend the time for response?” Read more »

DOC 6/10/09

DOC deliberative process and terrorism, remanded to agency to provide documents

WASA 5/11/09

WASA deliberative process privilege, affirmed as records generated by outside entity for agency use can fall within scope of deliberative process privilege

OPC 5/12/09

OPC deliberative process and investigatory records, overturned with respect to investigatory records and remanded to agency to provide records except those specifically listed as covered by the deliberative process privilege

DHCD 10/8/08

DHCD deliberative process, remanded to agency to provide records as privilege does not apply

DOC 1/11/08

DOC deliberative process and exemption 6, remanded for agency to provide records but with personnel names redacted

DMPED and DSLBD 2/1/08

DMPED and DSLBD deliberative process and financial information, remanded to agency to produce document with redactions

OAG 9/8/08

OAG attorney work product and deliberative process privileges, affirmed as agency conducted adequate search and subject records were exempt as covered by deliberative process privilege

DOC 12/3/08

DOC deliberative process, overturned as records do not meet test for deliberative process exemption

OCFO 10/29/07

OCFO deliberative process, remanded for agency to provide Vaughn index of additional records and consider releasing portions of outside consultant report, but report generally falls within deliberative process privilege

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