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November 07, 2008


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Scott, the Ashcroft Memo does expressly state that it supercedes the Reno Memo [ "This memorandum supersedes the Department of Justice's FOIA Memorandum of October 4, 1993 . . . ."]

Note--Yes, the Ashcroft memo does state the above, but it doesn't specifically say that discretionary disclosures shouldn't be made. In fact, it specifically says "[a]ny discretionary decision by your agency to disclose information protected under the FOIA should be made only after full and deliberate consideration of the institutional, commercial, and personal privacy interests that could be implicated by disclosure of the information."

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