DC Circ. Dubious Of FBI FOIA Claims In Fake News Case

Law360 (January 12, 2021, 10:28 PM EST) -- Two D.C. Circuit judges suggested Tuesday the FBI did not fully explain the purported harm that would be caused by the disclosure of certain documents requested by media organizations concerning agents' alleged practice of impersonating journalists.

Government attorney Joseph F. Busa maintained during oral arguments that the agency appropriately invoked a Freedom of Information Act exemption to withhold records sought by media advocacy group Reporters Committee for Freedom of the Press and the Associated Press. Busa insisted the records in dispute contain internal government deliberations about media strategy that is protected by the deliberative process privilege.

But U.S. Circuit Judge Patricia A....

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