FOIA 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 April 19, 2024, the district court granted the Campaign for Accountability's cross-motion for summary judgment, holding that OLC opinions resolving interagency disputes fall within the affirmative-disclosure provision of FOIA.
Case Information: Campaign for Accountability v. DOJ, No. 1:16-cv-01068-KBJ (D.D.C.), 24-5163 (D.C. Cir.).
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
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Office of Legal Counsel Ordered to Release Many of Its Legal Opinions
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Office of Legal Counsel May Be Required to Release Many of Its Legal Opinions, Court Says
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Knight Institute Presses for Disclosure of Justice Department's "Secret Law"
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Court to Hear Arguments in Lawsuit to Disclose Justice Department's "Secret Law"
Analysis
Legal Filings
Click to highlight response chains
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KEY DOCUMENTS
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D.C. Cir.
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D.D.C.
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Joint Status Report
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Opinion (granting Plaintiff's cross motion for summary judgment)
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Plaintiff's Reply
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Government's Reply
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Government's Response to Plaintiff's Statement of Facts
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Plaintiff's Opposition
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Statement of Facts
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Response to Defendant's Rule 7(h)(1) Statement
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Declaration of Stephanie Krent
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Exhibit 10
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Exhibit 18
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Exhibit 17
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Exhibit 16
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Exhibit 15
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Exhibit 14
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Exhibit 13
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Exhibit 12
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Exhibit 11
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Exhibit 1
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Exhibit 9
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Exhibit 8
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Exhibit 7
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Exhibit 6
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Exhibit 5
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Exhibit 4
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Exhibit 3
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Exhibit 2
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Joint Stipulation
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Exhibit 1 - OLC Best Practices Memo (7/16/2010)
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Government's Motion for Summary Judgment
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Statement of Facts
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3d Joint Status Report
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2d Joint Status Report
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Joint Status Report
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Government's Answer
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Opinion (denying in part motion to dismiss)
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Notice of Supplemental Authority
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Plaintiff's Response re: CREW v. DOJ (D.C. Cir.)
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Government's Notice of Supplemental Authority re: CREW v. DOJ (D.C. Cir.)
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Transcript of Oral Argument
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Government's Reply
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Plaintiffs' Opposition
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Kadzik Letter
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Government's Renewed Motion to Dismiss
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Joint Status Report
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OLC’s FOIA Response Letter (01/02/2018)
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Enclosures - Two newly released OLC opinions
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Order (granting in part and denying in part motion to stay)
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Government's Reply
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Plaintiffs' Opposition
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Government's Motion to Stay
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Amended Complaint
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Index of Exhibits
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Exhibit A
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Exhibits B–N
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Opinion (granting motion to dismiss)
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Government's Reply
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Plaintiffs' Opposition
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Government's Motion to Dismiss
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Complaint
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