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CITIZENS FOR RESP. IN WASH. v. OFFICE OF ADMIN.

No. 08-5188.

566 F.3d 219 (2009)

CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, Appellant v. OFFICE OF ADMINISTRATION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 19, 2009.

Attorney(s) appearing for the Case

Anne L. Weismann argued the cause for appellant. With her on the briefs was Melanie T. Sloan.

Paul J. Orfanedes, Dale L. Wilcox, and James F. Peterson were on the brief for amicus curiae Judicial Watch, Inc., in support of appellant.

Thomas M. Bondy, Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Gregory G. Katsas, Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Mark B. Stern, Attorney. Mark R. Freeman and Michael S. Raab, Attorneys, and R. Craig Lawrence, Assistant U.S. Attorney, entered appearances.

Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge:

This is the latest in a line of cases in which we are asked to decide whether a unit within the Executive Office of the President is covered by the Freedom of Information Act, 5 U.S.C. § 552 (2006). In this case, we conclude that the Office of Administration is not because it performs only operational and administrative tasks in support of the President and his staff and therefore, under our precedent, lacks substantial independent authority...

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