United States DC Circuit

In a Freedom of Information Act (FOIA) action seeking the production of White House e-mails, the dismissal of the complaint is affirmed, where Defendant Office of Administration did not possess substantial authority independent of the President and thus was not an "agency" under FOIA.

Appellate Information

• Argued 11/14/2008
• Decided 05/19/2009
• Published 05/19/2009

Judges

• Before:  SENTELLE, Chief Judge, GRIFFITH, Circuit Judge, and RANDOLPH, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Anne L. Weismann argued the cause for appellant.   With her on the briefs was Melanie T. Sloan., Paul J. Orfanedes, Dale L. Wilcox, and James F. Peterson were on the brief for amicus curiae Judicial Watch, Inc., in support of appellant.


• For Appellees:
  
• Thomas M. Bondy, Attorney, U.S. Department of Justice, argued the cause for appellee.   With him on the brief were Gregory G. Katsas, Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Mark B. Stern, Attorney.   Mark R. Freeman and Michael S. Raab, Attorneys, and R. Craig Lawrence, Assistant U.S. Attorney, entered appearances.