Assembly of California v. United States Department of Commerce
Court of Appeals for the Ninth Circuit
1Opinion of the Court
FLETCHER, Circuit Judge:
The Department of Commerce (“DOC”) appeals the district court’s summary judgment in favor of the Assembly of California (“Assembly”) requiring that computer tapes containing statistically adjusted figures from the 1990 census be released to Assembly under the Freedom of Information Act (“FOIA”). DOC argues that the tapes are protected by Exemption 5’s deliberative process privilege, which protects documents that are both “predecisional” and “deliberative.” We affirm.
FACTS
For many years, statisticians within and without the Census Bureau (an agency of the Department of…
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