What's Happening?
The U.S. Court of Appeals for the DC Circuit has ruled that the Department of Justice's Office of Legal Counsel (OLC) is not required to disclose its formal written opinions under the Freedom of Information Act (FOIA). The decision partially reverses
a lower court ruling, stating that these opinions do not constitute the 'working law' of an agency or a final opinion in case adjudication. The OLC serves as the executive branch's primary legal advisor, and its opinions often guide interagency disputes.
Why It's Important?
This ruling has significant implications for government transparency and accountability. By exempting OLC opinions from FOIA requests, the decision limits public access to the legal reasoning behind executive branch decisions. This could affect how government agencies interpret and implement laws, potentially impacting public policy and governance. Transparency advocates may view this as a setback, as it restricts insight into the legal frameworks guiding federal actions.
