Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In order to successfully appeal under FOIA to obtain unredacted information, you have to argue that the information redacted does not fall under the privileges they are claiming. They are claiming the information is subject to privilege in preparation for or for use in litigation
. However, there is another way around this and that would be if the agency you are seeking information from is a defendant in the suit, you would send a request for production of documents under the federal rules of civil procedure
to make them produce it. Then if they produce redacted information, you would file a motion to compel production and get the court to decide on whether the information properly falls under their privilege exemption. If they are not a party to the suit, you can still request the information through a subpoena
served on them and if they will not provide the information without redaction you will again file the motion to compel and the judge would have to review the documents to determine if the redactions are indeed interagency or internal memoranda or letters that would not be available by law to a private party in litigation with the agency (including civil discovery privileges, including deliberative process privilege, attorney–client privilege
, and attorney work–product privilege).
FOIA is not the only way for you to pursue the information. If you try an appeal under FOIA you need to argue based on the facts why these documents would be available to anyone in litigation with the agency and how they are not part of one of the privileges claimed.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees
of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.