The National Security Counselors have written this letter to Congress describing a brief filed by the Department of Justice in a case brought by the National Security Counselors against the CIA. The brief states that an opinion by the Office of Government Information Services ("OGIS") issued before the underlying lawsuit was filed was "incorrect and unsupported" under the law.
I have long wondered how the Department of Justice would respond in a case where the requestor reached out to OGIS in an attempt to resolve the matter without litigation and OGIS sided with the requestor but the agency would not change its position. Without weighing in on the right legal answer, I'm sure there is a better way for the Department of Justice to handle this.
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