Update: On April 30, 2019, the U.S. Court of Appeals affirmed the district court’s decision to dismiss CREW’s complaint. Circuit Judge Pillard, a former Deputy Assistant Attorney General for the Office of Legal Counsel, filed a dissenting opinion. CREW then filed a petition to rehear the case en banc. On August 14, 2019, that petition was denied.  

CREW first sued DOJ for not releasing OLC opinions in 2013. In January 2017, an appeals court ruled on the proper way to request the memoranda, which CREW followed, but OLC still has not responded to CREW’s request. Therefore, CREW sued OLC on March 10, 2017 over failure to produce the records.

The Department of Justice (DOJ) must release opinions containing secret law on key issues produced by the Office of Legal Council (OLC), memoranda which DOJ has withheld in violation of the Freedom of Information Act (FOIA).

OLC issues opinions establishing the executive branch’s authoritative position on what is and is not legal on subjects ranging from immigration to warfare to spying on civilians. One well-known memo justified the use of “enhanced interrogation” techniques like waterboarding, and OLC may have weighed in recently on the president’s immigration executive orders and other key issues. These decisions are secret law, as they govern the operations of the government without the American people knowing of their existence or what is in them.

CREW’s lawsuit seeks to force OLC’s secret law into view. The FOIA requires that DOJ must release all final opinions and adopted statements of policy to the public, but despite years of requests from CREW, they have not.

 

Lawsuit Documents

  • Complaint
    March 10, 2017
    Read here
  • Defendant's Motion to Dismiss the Complaint
    May 3, 2017
    Read here
  • Plaintiff's Opposition to Defendant's Motion
    Plaintiff's Opposition to Defendant's Motion to Dismiss - June 19, 2017
    Read here
  • Exhibit A to Plaintiff's Opposition
    June 19, 2017
    Read here
  • Reply Memorandum in Support of Defendant's Motion
    Reply Memorandum in Support of Defendant's Motion to Dismiss - Jul. 26, 2017
    Read here
  • Plaintiff's Motion for Leave to a Sur-reply
    Plaintiff's Motion for Leave to a Sur-reply and Supporting Memorandum - Aug. 7, 2017
    Read here
  • Exhibit A to Plaintiff's Motion for Leave
    August 7, 2017
    Read here
  • Defendant's Opposition to Plaintiff's Motion
    Defendant's Opposition to Plaintiff's Motion for Leave - August 17, 2017
    Read here
  • Plaintiff's Reply in Support of Its Leave Motion
    Plaintiff's Reply in Support of Its Motion for Leave - August 17, 2017
    Read here
  • Plaintiff's Sur-reply in Opp. to Defendant Motion
    Plaintiff's Sur-reply in Opposition to Defendant's Motion to Dismiss - Aug. 28, 2017
    Read here
  • Notice of Supplemental Authority
    October 12, 2017
    Read here
  • Exhibit to Notice of Supplemental Authority
    October 12, 2017
    Read here
  • Plaintiff's Response to Defendant's Notice
    Plaintiff's Response to Defendant's Notice of Supplemental Authority - October 13, 2017
    Read here
  • Plaintiff's Supplemental Response to Defendant
    Plaintiff's Supplemental Response to Defendant's Notice of Supplemental Authority - Oct. 31, 2017
    Read here
  • Plantiff's Statement Campaign for Accountability
    Plaintiff's Statement as to Whether this case is Related to Campaign for Accountability v. US DOJ - Feb. 9, 2018
    Read here
  • Defendant's Statement Concerning Relatedness
    February 16, 2018
    Read here
  • Memorandum Opinion
    February 18, 2018
    Read here
  • Order
    February 18, 2018
    Read here
  • Plaintiff's Motion for a Final Appealable Order
    Plaintiff's Motion for a Final Appealable Order of Dismissal - March 26, 2018
    Read here
  • Order Granting Defendant's Motion to Dismiss
    March 27, 2018
    Read here
  • Notice of Appeal
    April 19, 2018
    Read here
  • Brief of Appellant
    August 8, 2018
    Read here
  • Joint Appendix
    August 8, 2018
    Read here
  • Order
    August 14, 2018
    Read here
  • Campaign for Accountability Amicus Brief
    Campaign for Accountability & The Knight First Amendment Institute Amicus Brief in Support of Appellant - Aug. 15, 2018
    Read here
  • Brief for Appellee
    September 28, 2018
    Read here
  • Reply Brief of Appellant
    October 11, 2018
    Read here
  • Judgement and Opinion
    April 30, 2019
    Read here
  • Petition for Rehearing En Banc
    June 10, 2019
    Read here
  • Opposition to Petition for Rehearing En Banc
    July 15, 2019
    Read here
  • Order
    August 14, 2019
    Read here

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