Summary
The D.C. Circuit affirmed the district court's grant of summary judgment in favor of federal agencies that withheld strategic plans from a Freedom of Information Act request. The court held that the plans, submitted to the White House pursuant to an executive order directing agencies to outline voter registration initiatives, were protected by the presidential communications privilege. The court found that the records served as inputs for presidential deliberations and decisionmaking, consistent with agency declarations and the record evidence.
Topics
Practice areas
Questions Presented
- Whether the strategic plans submitted by federal agencies to the White House are protected by the presidential communications privilege and therefore exempt from disclosure under FOIA exemption 5.
Holdings
- The strategic plans are protected by the presidential communications privilege and therefore exempt from disclosure under FOIA exemption 5.
Key quotations
“The presidential communications privilege protects documents “that reflect presidential decisionmaking and deliberations and that the President believes should remain confidential.”” (at 691)
“The strategic plans the agencies submitted were “solicited” by the President, were “received” by his “immediate White House advisers … and served to inform “presidential decisionmaking and deliberations.”” (at 691)
Factual background
After Executive Order 14019 directed agencies to submit strategic plans to the White House to promote voter registration, America First Legal Foundation filed FOIA requests for fourteen agencies' plans. The agencies denied the requests, invoking the presidential communications privilege, and the district court granted their summary‑judgment motion.
Procedural history
The district court granted summary judgment to the agencies, holding that the strategic plans submitted to the White House were protected by the presidential communications privilege and exempt from FOIA disclosure. America First Legal Foundation appealed de novo.