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Electronic Privacy Information Center v. U.S. Department of Justice

18 F.4th 712 (2021)

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Electronic Privacy Information Center v. U.S. Department of Justice

United States Court of Appeals for the District of Columbia Circuit
18 F.4th 712 (2021)

Facts

Special Counsel Robert Mueller was appointed to investigate Russian interference in the 2016 presidential election and discern any involvement by persons associated with the Trump campaign. Two years later, Muller issued a report of his findings. The attorney general released a redacted version. The Electronic Privacy Information Center (EPIC) and Buzzfeed (plaintiffs) filed a request with the Department of Justice (DOJ) under the Freedom of Information Act (FOIA), seeking an unredacted copy of the report. When the DOJ did not comply within the deadline, EPIC and Buzzfeed filed suit. The DOJ asserted FOIA exemption 7(C), claiming it was not required to release the information because doing so would harm individuals’ privacy interests by revealing the names of investigated individuals and details of the investigation. Buzzfeed countered that the information request, which sought information pertaining to alleged campaign-violation and false-statement offenses, was necessary for evaluating whether Mueller adequately investigated the allegations and reached proper liability conclusions. After reviewing the unredacted report in camera, the district court granted summary judgment in the DOJ’s favor. EPIC and Buzzfeed appealed.

Rule of Law

Issue

Holding and Reasoning (Henderson, J.)

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