United States DC Circuit

The FOIA's presidential communications privilege applies to pardon documents "solicited and received" by the President or his immediate advisers in the Office of the President; internal agency documents not "solicited and received" in this manner are instead protected against disclosure, if at all, by the deliberative process privilege.

Appellate Information

• Argued 01/22/2004
• Decided 05/07/2004
• Published 05/07/2004

Judges

• Before:  HENDERSON, RANDOLPH and ROGERS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Paul J. Orfanedes argued the cause and filed the briefs for appellant., Michael E. Tankersley was on the brief for amicus curiae George Lardner in support of appellant.


• For Appellees:
  
• Mark B. Stern, Attorney, U.S. Department of Justice, argued the cause for appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General, Roscoe C. Howard, Jr., U.S. Attorney, Gregory G. Katsas, Deputy Assistant Attorney General, and Michael S. Raab, Attorney.