Legal Opinion
Montgomery v. Internal Revenue Serv.
Court of Appeals for the D.C. Circuit
Decided January 10, 2019No. Civil Action No. 17-918 (JEB)PublishedCited by 13 opinions
1Opinion of the Court
C. Glomar and Exemption 7(D)
In addition to the aforementioned largely procedural issues, Plaintiffs also maintain that the Court's decision upholding the agency's Glomar response based on Exemption 7(D) is substantively wrong. In so arguing, they make many of the same points they raised the first time around. The Court runs through them again, clarifying why the agency's response was legally satisfactory.
1. Official Acknowledgement
The Montgomerys root their first set of objections in a species of waiver *82doctrine known as "official acknowledgement." See Mot. at 9-12. Under that doctrine, an…
2Cases cited8 opinions
- Federal Bureau of Investigation v. AbramsonSupreme Court of the United States · 1982
- Wolf v. Central Intelligence AgencyCourt of Appeals for the D.C. Circuit · 2007
- United States Department of Justice v. LandanoSupreme Court of the United States · 1993
- Alan L. Fitzgibbon v. Central Intelligence Agency Alan L. Fitzgibbon v. Central Intelligence AgencyCourt of Appeals for the D.C. Circuit · 1990
- Mobley v. Central Intelligence AgencyCourt of Appeals for the D.C. Circuit · 2015
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Thomas Montgomery v. IRSCourt of Appeals for the D.C. Circuit · 2022
- Acon-Chen v. ButtigiegDistrict Court, District of Columbia · 2026
- Cabrera v. Mogoo, Inc.District Court, District of Columbia · 2024
- Citizens for Responsibility and Ethics in Washington v. U.S. Department of JusticeDistrict Court, District of Columbia · 2026
- Cook Inlet Tribal Council, Inc. v. MandreganDistrict Court, District of Columbia · 2019
8 more not listed; retrieve them via the Exa API.