DC Circuit Court Ruling Good News for Fight against Secret Law

Last week the DC Circuit Court issued a ruling vacating a previous ruling from a lower court that a Presidential Directive in the possession of a federal agency is not an agency record subject to the Freedom of Information Act (FOIA). The case in question was a suit brought by our partner the Electronic Information Privacy Center (EPIC) for access to a Presidential Policy Directive establishing “United States policy, strategy, guidelines, and implementation actions to secure cyberspace.” The DC Court’s ruling makes certain that the government will not be able rely on the lower court ruling to argue that the public cannot use the FOIA to obtain any records that originated in the White House.

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