United States Second Circuit
Brennan Ctr. for Justice at New York Univ. Sch. of Law v. U.S. Dept. of Justice, 11-4599
In plaintiff's Freedom of Information Act lawsuit against the Department of Justice (DOJ), the United States Department of Health and Human Services (HHS), and the United States Agency for International Development (USAID), seeking release of memoranda prepared by the DOJ's Office of Legal Counsel (OLC), pertaining to defendants' policy regarding the constitutionality of enforcing an anti-prostitution pledge requirement against U.S. NGOs receiving federal grants pursuant to the Leadership Against HIV/AIDS, Tuberculosis, Malaria Act (Leadership Act), the judgment of the district court is affirmed in part, reversed in part, and remanded where: 1) the district court properly ordered the disclosure of the February memoranda; 2) the district court erred in ordering disclosure of the July memoranda because there is sufficient evidence that removed deliberative-process protection; and 3) the references to the February memorandum that served to remove the deliberative-process privilege also constitute waiver of the attorney-client privilege.
Appellate Information
- Decided 09/19/2012
- Published 09/19/2012
Judges
- Sack
Court
- United States Second Circuit