FOIA Lawsuit
Francis v. DOJ
A FOIA lawsuit seeking disclosure of Office of Legal Counsel opinions issued over 25 years ago
On August 21, 2019, the Knight Institute filed a FOIA lawsuit on behalf of five scholars, the Campaign for Accountability, and itself, challenging the Office of Legal Counsel’s failure to comply with their request for “formal written opinions” issued by the agency over 25 years ago.
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, most OLC opinions are secret.
In the past, the OLC has avoided complying with FOIA requests for its opinions by invoking a privilege that protects government deliberations. In 2016, Congress amended FOIA to eliminate that privilege for records over 25 years old. This lawsuit takes advantage of that amendment.
In a separate lawsuit, the Knight Institute is arguing that FOIA requires the OLC to proactively publish its formal written opinions.
Agencies Involved: Department of Justice (Office of Legal Counsel)
Status: Settled on August 13, 2021.
Case Information: Francis v. DOJ, No. 2:19-cv-1317 (W.D. Wash.).
Featured
Press Statements
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Newly Released Office of Legal Counsel Memos Show Evolution of Executive Privilege, 1972-1984
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Newly Released Office of Legal Counsel Memos Shed Light on Government’s View of War Powers, 1945-1993
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Newly Released Office of Legal Counsel Opinions from 1952-1971 Illuminate Government Policy During Civil Rights Era
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Newly Released Office of Legal Counsel Opinions Shed Light on Nixon Administration’s Effort to Suppress Pentagon Papers and Prosecute Newspapers
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Knight Institute Publishes 96 Nixon-Era Office of Legal Counsel Opinions
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Knight Institute Challenges Justice Department’s Claimed Authority to Categorically Withhold Key Legal Opinions
Analysis
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The Office of Legal Counsel Discloses List of Classified Opinions in Important Step for Transparency
By Mayze Teitler -
Inching Toward a More Transparent Office of Legal Counsel
By Stephanie Krent -
Judging in Secret
By Jameel Jaffer -
Institute and Other Advocacy Groups Call on Congress to Adopt OLC Transparency Amendment
Reading Room
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit
Legal Filings
Click to highlight response chains
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W.D. Wash.
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Order (dismissing case)
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Settlement Agreement
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Joint Stipulation of Dismissal
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9th Joint Status Report
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8th Joint Status Report
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7th Joint Status Report
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6th Joint Status Report
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5th Joint Status Report
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4th Joint Status Report
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Amended Scheduling Order
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3d Joint Status Report
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Amended Scheduling Order
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Scheduling Order
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2d Joint Status Report
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Scheduling Order
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Joint Status Report
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Government's Answer
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Exhibit A
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Complaint
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Exhibits A–L
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FOIA Request
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Related News Coverage
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Previously Undisclosed OLC Opinions Illuminate the Growth of Executive Power
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U.S. Discloses Decades of Justice Dept. Memos on Presidential War Powers
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Revealed: White House's desegregation plan spanning five administrations
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Newly released memos show DOJ weighed prosecuting newspapers in Pentagon Papers case
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