Federal Court Rules Outside Legal Advice Is Exempt from FOIA

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The US Court of Appeals for the District of Columbia held that opinions and recommendations made by non-government lawyers to the Department of Defense on regulations for terrorist trial commissions do not have to be released under FOIA. In a suit brought by the National Institute for Military Justice, the court said the requested documents were part of the “deliberative process” and solicited by the agency, and as such became exempt “intra-agency” communications. (1/11/08)