The Tenth Circuit Court of Appeals has decided a case that sets standards that are much more pro-disclosure than similar decision of some of the other Courts of Appeals. This case revolves around Jesse Trentadue's attempt to get certain documents submitted by the Department of Justice's Office of the Inspector General ("OIG") concerning an investigation of the OIG by the Integrity Committee, a subdivision of the President's Council on Integrity and Efficiency. Trentadue lost his lawsuit at the District Court level--the District Court for the District of Utah had granted summary judgment for the government.
The Tenth Circuit found that Exemption 5 did not apply to much of the factual material in the withheld documents. In making this decision. the Court found that factual material in otherwise deliberative material could only be withheld where disclosure would so expose the deliberative process that the material must be exempt. The Court found that the factual information in the responsive documents did not meet this standard and must be released.
The Court next found that the identity of certain individuals could not be withheld pursuant to FOIA Exemption 6 where the identity of the individuals had previously been identified in a separate but related public document. The Court also ruled that the public interest outweighed the privacy interests of these individuals and this information was not protected pursuant to FOIA Exemption 7(C).
Great analysis! Very instructive. Thanks!
Posted by: FOIA Professional | November 28, 2007 at 10:42 AM