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ICM REGISTRY, LLC v. U.S. DEPT. OF COMMERCE

Civil Action No. 06-0949 (JR).

538 F.Supp.2d 130 (2008)

ICM REGISTRY, LLC, Plaintiff, v. U.S. DEPARTMENT OF COMMERCE, et al., Defendants.

United States District Court, District of Columbia.

March 12, 2008.

Attorney(s) appearing for the Case

Robert Corn-Revere, Davis Wright Tremaine, LLP, Washington, DC, for Plaintiff.

Marian L. Borum, U.S. Attorney's Office, Washington, DC, for United States Department of Commerce, United States Department of State.

MEMORANDUM

JAMES ROBERTSON, District Judge.

At bottom, this extended Freedom of Information Act (FOIA) dispute is about the scope of what might be called the "misconduct exception" to FOIA's deliberative process privilege. FOIA exempts from disclosure those "inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency." 5 U.S.C. § 552(b)(5). The courts have...

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