Marriott International Resorts, L.P., and Marriott International Jbs Corporation v. United States

RADER, Circuit Judge.

The United States Court of Federal Claims certified this interlocutory appeal to examine the limits of the “deliberative process privilege.” The trial court decided that only the Agency head could invoke the privilege on the Agency’s behalf. Therefore, the trial court rejected as procedurally flawed a process allowing a high ranking subordinate to invoke the privilege. Marriott Int’l Resorts, L.P. v. United States, 61 Fed.Cl. 411 (2004) (Court of Federal Claims Decision). In the absence of binding precedent on the specific issue before the court, the court adopts the…