FBI Phone Record Guidance Will Stay Secret, DC Circ. Says

Law360, San Francisco (January 3, 2014, 6:05 PM EST) -- The D.C. Circuit Thursday rejected the Electronic Frontier Foundation's bid to gain access to a legal opinion supporting a Federal Bureau of Investigation telephone surveillance program, finding that the opinion is exempt from disclosure under the Freedom of Information Act.

The appeals court rejected the EFF's argument that the legal opinion, prepared by the U.S. Department of Justice's Office of Legal Counsel, must be turned over because it guided the FBI's investigative policies. Instead, the opinion amounted to advice the office of legal counsel offered for...
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