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Keywords

plaintifflitigationmotionsummary judgmentmotion for summary judgmentdeliberation
lawsuitplaintifflitigationsummary judgmentwilldeliberation

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Georgia v. DOJ

Facts

Georgia revised its election procedures following the 2020 presidential election. Soon after, the Department of Justice began working with private organizations and individuals to block the changes through multifaceted litigation. Concerned, Georgia submitted a Freedom of Information Act (FOIA) request to understand the depth of the Department's collaboration with third parties. DOJ produced many documents but withheld some under an exemption to FOIA that protects certain internal agency records from disclosure.

In total, nearly 60 private parties sued Georgia challenging the Act. They include the Georgia NAACP, VoteAmerica, the Georgia Advancing Progress Political Action Committee, several churches, individuals, and even a sorority chapter. Within two months of enactment, these parties formed seven groups. And each group filed a separate suit in the Northern District of Georgia. DOJ then filed its own lawsuit challenging parts of the Act. See United States v. Georgia, No. 21-cv-2575 (N.D. Ga. filed June 25, 2021) (ECF No. 1). Afterward, DOJ and the private plaintiffs began collaborating in their litigation against SB 202.

Issue

Whether FOIA's internal deliberation privilege extends to documents shared with non-governmental litigants.

This case does not concern the merits of Georgia's election laws. Rather, it presents the narrow question of whether FOIA's internal deliberation privilege extends to documents shared with non-governmental litigants.

Rule

FOIA requires federal agencies to disclose nonexempt information to the public upon request. FOIA exemptions do not obscure the basic policy that disclosure, not secrecy, is the dominant objective. Agencies have the burden of showing that documents fall into one of the enumerated exemptions.

FOIA requires federal agencies to disclose nonexempt information to the public upon request. See, e.g., Jud. Watch, Inc. v. FBI, 522 F.3d 364, 365-66, 380 U.S. App. D.C. 339 (D.C. Cir. 2008). FOIA exemptions 'do not obscure the basic policy that disclosure, not secrecy, is the dominant objective.' Dep't of Air Force v. Rose, 425 U.S. 352, 360-61, 96 S. Ct. 1592, 48 L. Ed. 2d 11 (1976) (cleaned up).

Analysis

The court found that DOJ had not met its burden to show that the withheld emails fell within an exemption to FOIA. The court emphasized that the communications between DOJ and private litigants could not be deemed 'inter-agency' or 'intra-agency' as defined by FOIA, and thus, the exemption did not apply. The court noted that the ordinary meaning of Exemption 5 excludes communications to or from non-agency parties.

Georgia argues that DOJ improperly withheld its communications with the private plaintiffs under Exemption 5. That exemption protects from disclosure 'inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency.' 5 U.S.C. 552(b)(5); see also DOI v. Klamath Water Users Prot. Ass'n, 532 U.S. 1, 6, 121 S. Ct. 1060, 149 L. Ed. 2d 87 (2001). Georgia argues that Exemption 5 does not apply for two reasons. First, the communications sought are not properly considered 'inter-agency' or 'intra-agency.' Second, DOJ has not shown that it made those communications under a common interest agreement with a common legal interest.

Conclusion

The court granted Georgia's motion for summary judgment, concluding that the withheld emails were not protected under FOIA's exemptions.

Because DOJ has not met its burden to show that the withheld emails fall within an exemption to FOIA, the Court will grant Georgia summary judgment.

Who won?

Plaintiff (Georgia) prevailed because the court determined that the DOJ failed to justify the withholding of the emails under FOIA exemptions.

Plaintiff (Georgia) prevailed because the court determined that the DOJ failed to justify the withholding of the emails under FOIA exemptions.

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