Lawsuit
Campaign for Accountability v. DOJ
A FOIA lawsuit seeking proactive disclosure of the Office of Legal Counsel’s secret legal opinions
The Knight Institute represents the Campaign for Accountability in a FOIA lawsuit challenging the Office of Legal Counsel’s failure to affirmatively disclose its “formal written opinions.”
The Office of Legal Counsel, or OLC, is a component of the Department of Justice that issues legal opinions that bind federal agencies on matters of significant public concern. These opinions are the authoritative law of the government on subjects ranging from warrantless surveillance, to the torture of detainees, to retirement benefits for federal employees. Although these opinions often implicate questions of overwhelming public concern, the OLC has published only a fraction of them.
The lawsuit argues that this practice violates FOIA’s “reading-room provision,” which obligates agencies to proactively disclose opinions or interpretations that have the force or effect of law.
Agencies Involved: Department of Justice (Office of Legal Counsel)
Status: On September 11, 2020, the district court granted in part and denied in part the government's renewed motion to dismiss, holding that OLC opinions resolving interagency disputes plausibly fall within FOIA's reading-room provision.
Case Information: Campaign for Accountability v. DOJ, No. 1:16-cv-01068-KBJ (D.D.C.).
Featured
Analysis
The Office of Legal Counsel and Secret Law
The public is entitled to know what the law is, not just what the Office of Legal Counsel wants it to know
Press Statements
Analysis
Legal Filings
Click to highlight response chains
-
KEY DOCUMENTS
-
D.D.C.
-
2d Joint Status Report
-
Joint Status Report
-
Government's Answer
-
Opinion (denying in part motion to dismiss)
-
Notice of Supplemental Authority
-
Plaintiff's Response re: CREW v. DOJ (D.C. Cir.)
-
Government's Notice of Supplemental Authority re: CREW v. DOJ (D.C. Cir.)
-
Transcript of Oral Argument
-
Government's Reply
-
Plaintiffs' Opposition
-
Kadzik Letter
-
Government's Renewed Motion to Dismiss
-
Joint Status Report
-
OLC’s FOIA Response Letter (01/02/2018)
-
Enclosures - Two newly released OLC opinions
-
Order (granting in part and denying in part motion to stay)
-
Government's Reply
-
Plaintiffs' Opposition
-
Government's Motion to Stay
-
Amended Complaint
-
Index of Exhibits
-
Exhibit A
-
Exhibits B–N
-
Opinion (granting motion to dismiss)
-
Government's Reply
-
Plaintiffs' Opposition
-
Government's Motion to Dismiss
-
Complaint
-