An interesting case is being decided in the U.S. District Court for the District of Columbia. The issue is whether an Executive Summary of a Senate Select Committee on Intelligence that was located by the Department of Justice an agency record subject to the FOIA? The government's motion to dismiss can be found here (posted by The Legal Times).
The Department of Justice claims that while it possessed the records at the time the request was made, the record was not under its control and was not subject to the FOIA. The Plaintiff will now have an opportunity to refute the government's claims, which may be an uphill climb under current case law.