Access Reports v. Department of Justice

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• emphasizing that assertion of exemption does not turn on the ability of the agency to identify a specific decision to which the document contributed
• noting that the predecisional requirement “focuses attention on the role of the [information] in the decisionmaking process”
• explaining the difference between the predecisional requirement and the deliberative requirement and noting that agencies may withhold only those portions of a predecisional document that are also deliberative
• focusing inquiry on whether disclosure “would discourage candid discussion within the agency”
• “[A]n agency asserting the privilege must show that the document is both ‘predecisional’ and ‘deliberative.’
• “A key feature under both the predecisional and deliberative criteria is the relation between the author and recipients of the document.”

Source: CourtListener parenthetical corpus (CC0).