United States DC Circuit

In FOIA action seeking records containing the opinions and recommendations of non-governmental lawyers whose advice the U.S. Department of Defense solicited to promulgate regulations establishing terrorist trial commissions, summary judgment for appellee is affirmed as the documents are exempt from disclosure under FOIA Exemption 5, 5 U.S.C. section 552(b)(5).

Appellate Information

• Argued 11/05/2007
• Decided 01/11/2008
• Published 01/11/2008

Judges

• Before: HENDERSON and TATEL, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Rajesh De argued the cause for the appellant.  Andrew J. Pincus was on brief.  Mark H. Lynch entered an appearance., Michael L. Waldman was on brief for amicus curiae The Constitution Project in support of the appellant.


• For Appellees:
  
• Claire M. Whitaker, Assistant United States Attorney, argued the cause for the appellee.  Jeffrey A. Taylor, United States Attorney, Michael J. Ryan, Assistant United States Attorney, and Karen L. Hecker, Senior Attorney, and Stewart F. Aly, Attorney, United States Department of Defense, were on brief.  R. Craig Lawrence, Assistant United States Attorney, entered an appearance.