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NATIONAL INST. OF MIL JUST. v. U.S. DEPT. OF DEF.

No. 06-5242.

512 F.3d 677 (2008)

NATIONAL INSTITUTE OF MILITARY JUSTICE, Appellant v. UNITED STATES DEPARTMENT OF DEFENSE, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided January 11, 2008.

Attorney(s) appearing for the Case

Rajesh De argued the cause for the appellant. Andrew J. Pincus was on brief. Mark H. Lynch entered an appearance.

Michael L. Waldman was on brief for amicus curiae The Constitution Project in support of the appellant.

Claire M. Whitaker, Assistant United States Attorney, argued the cause for the appellee. Jeffrey A. Taylor, United States Attorney, Michael J. Ryan, Assistant United States Attorney, and Karen L. Hecker, Senior Attorney, and Stewart F. Aly, Attorney, United States Department of Defense, were on brief. R. Craig Lawrence, Assistant United States Attorney, entered an appearance.

Before: HENDERSON and TATEL, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the court filed by Circuit Judge HENDERSON.

Dissenting opinion filed by Circuit Judge TATEL.

KAREN LECRAFT HENDERSON, Circuit Judge:

The National Institute of Military Justice (NIMJ) filed this action under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, seeking, inter alia, nineteen records containing the opinions and recommendations of non-governmental lawyers whose advice the United States Department of Defense (DoD...

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