National Institute of Military Justice v. United States Department of Defense
Court of Appeals for the D.C. Circuit
1Opinion of the Court
Opinion for the court filed by Circuit Judge HENDERSON.
Dissenting opinion filed by Circuit Judge TATEL.
KAREN LECRAFT HENDERSON, Circuit Judge:
The National Institute of Military Justice (NIMJ) filed this action under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, seeking, inter alia, nineteen records containing the opinions and recommendations of non-governmental lawyers whose advice the United States Department of Defense (DoD) solicited to promulgate regulations establishing terrorist trial commissions. The district court granted summary judgment in DoD’s favor, concluding that the…
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