DOJ properly withheld documents from grad student

From Courthouse News Service:

The Department of Justice properly withheld documents relating to its cell phone and email surveillance tactics from a graduate student who asked for them in a FOIA request, a federal judge ruled.


For some of the documents it withheld DOJ cited "Exemption 5," which lets agencies withhold inter-agency or intra-agency documents that would not be available by law to a party, except to an agency in litigation with the agency.

To figure out if a document was properly withheld under this exemption a judge must ensure its source is a government agency, and it falls under attorney work product and deliberative process privileges.