DOJ Legal Opinions Can Stay Under Wraps, DC Circ. Says

Law360 (April 30, 2019, 5:20 PM EDT) -- In a split decision Tuesday, the D.C. Circuit rejected a watchdog group's bid to gain access to legal opinions issued by an office of the U.S. Department of Justice, saying the group had not proven the memos were subject to the disclosure requirements in the Freedom of Information Act.

Backing a lower court's decision, the majority in the 2-1 decision ruled that Citizens for Responsibility and Ethics in Washington had not established that decisions issued by the Office of Legal Counsel were "final" decisions for purposes of the FOIA because there was no evidence they were always adopted by the agencies...

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