On April 24, 2012, The New York Times and one of the newspaper’s reporters filed this lawsuit against the U.S. Department of Justice in the United States District Court for the Southern District of New York pursuant to the Freedom of Information Act (“FOIA”).
The plaintiffs sought ...
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On April 24, 2012, The New York Times and one of the newspaper’s reporters filed this lawsuit against the U.S. Department of Justice in the United States District Court for the Southern District of New York pursuant to the Freedom of Information Act (“FOIA”).
The plaintiffs sought to compel the Department of Justice to provide two specific documents cited in a memorandum from the Office of Legal Counsel regarding appointments during Senate recess periods. The two documents were: (1) Memorandum for Alberto R. Gonzales, Counsel to the President, from Jack L. Goldsmith III, Assistant Attorney General, Office for Legal Counsel, Re: Recess Appointments in the Current Recess of the Senate, and (2) Memorandum to File from John P. Elwood, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Lawfulness of Making Recess Appointment During Adjournment of the Senate Notwithstanding Periodic “Pro Forma Sessions.”
On June 14, 2012, the government moved for summary judgment, and the plaintiffs then filed a cross-motion for summary judgment. On January 7, 2013, U.S. District Judge Jed S. Rakoff concluded that these documents were protected by deliberative process privilege. Therefore, the court granted the government's motion for summary judgment.
As of January 13, 2013, this case is closed.
Carolina Velarde - 10/26/2016
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