CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Friday, May 10, 2013

"DOJ Asks D.C. Circuit to Keep Surveillance Law Memo Secret"

From the Blog of LegalTimes:

The Justice Department wants to keep secret an internal legal memo that addresses the scope of the authority under which the FBI can seek records from telecommunications companies.

DOJ lawyers have asked the U.S. Court of Appeals for the D.C. Circuit to protect the Office of Legal Counsel memo from disclosure in an ongoing public records suit. The government contends the document is protected by the deliberative process privilege.

"Mandatory disclosure of OLC's opinions would chill deliberative discussions within the Executive Branch," Daniel Tenny, a Justice Department appellate lawyer, said in a brief filed in the appeals court May 7.

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