Al-Fayed v. Central Intelligence Agency

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

This case raises an issue of first impression: the standard of judicial review applicable to agency denials of expedited processing under the Freedom of Information Act (FOIA), 5 U.S.C. § 552. We conclude that district courts must review such denials de novo, rather than defer to agency determinations. We further conclude that the denials of expedition in this case survive de novo review and, accordingly, we affirm the district court’s refusal to grant plaintiffs injunctive relief.

I

The plaintiffs in this case are…