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Washington Post Co. v. Special Inspector for Afghanistan Reconstruction

2021 WL 4502106 (2021)

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Washington Post Co. v. Special Inspector for Afghanistan Reconstruction

United States District Court for the District of Columbia
2021 WL 4502106 (2021)

DD

Facts

The Special Inspector General for Afghanistan Reconstruction (SIGAR) (defendant) was the federal agency responsible for overseeing the United States reconstruction efforts in Afghanistan. As part of its Lessons Learned program, SIGAR conducted interviews with individuals who had knowledge of the United States reconstruction program. The records of interviews (ROIs) were sources of information used in the Lessons Learned reports and were also used to help inform the recommendations made by SIGAR in its reports. Craig Whitlock, a reporter from the Washington Post Company (Washington Post) (plaintiff), submitted a Freedom of Information Act (FOIA) request to SIGAR, seeking to obtain all ROIs from Lessons Learned. SIGAR produced only some of the requested records, contending that portions of 11 ROIs were exempt from disclosure under Exemption 5 of FOIA. Exemption 5 allowed for withholding if a document belonged to a government agency and if it fell within the scope of the deliberative-process privilege. Washington Post and SIGAR filed cross-motions for summary judgment. The district court took the motions under advisement.

Rule of Law

Issue

Holding and Reasoning (Jackson, J.)

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