Citizens for Responsibility and Ethics in Washington v. DOJ, No. 16-5138 (D.C. Cir. 2017)Annotate this Case
CREW filed suit under the Freedom of Information Act (FOIA), 5 U.S.C. 552, after the FBI declined to provide requested information related to former House of Representatives Majority Leader Tom DeLay. On appeal, CREW challenged the district court's grant of summary judgment for the DOJ and denial of CREW's cross-motion for partial summary judgment. The district court concluded that Exemption 5 shielded certain FBI correspondence and that Exemptions 6 and 7(C) could be invoked to protect names and other personal information contained in responsive records. The court concluded that the Government's assertion of Exemption 5 was untimely and, before ruling on Exemptions 6 and 7(C), a more particularized balancing of the interests was required. Accordingly, the court reversed and remanded.