Merrill v. Federal Open Market Committee

MEMORANDUM

GASCH, District Judge.

This Freedom of Information Act (FOIA), 5 U.S.C. § 552, case is presently before the Court on the parties’ cross-motions for summary judgment following remand from the United States Supreme Court. Federal Open Market Committee v. Merrill, 443 U.S. 340, 99 S.Ct. 2800, 61 L.Ed.2d 587 (1979). Only one fairly narrow issue remains for determination by this Court; that is, does FOIA Exemption 5 authorize the Federal Open Market Committee (FOMC) to delay publication of its “Domestic Policy Directive” (DPD) until after the month in which it is effective. The parties…