Today in CREW v. Dep’t of Justice, CREW’s long-running Freedom of Information Act lawsuit over the missing John Yoo emails, District Court Judge James E. Boasberg denied the government’s motion to reconsider his opinion and order granting CREW’s request for attorney fees and costs. Misreading the Court’s original opinion and the reason why CREW filed its FOIA request in the first place, DOJ had argued CREW was not entitled to fees because it had not satisfied the “public benefit” factor. DOJ based this claim on the title of a press release CREW had issued - “’Found’ John Yoo Emails Shed No Light on What Mr. Yoo Did for the Department of Justice” - that it claimed was erroneous because, in fact, DOJ had identified 147 “substantive emails.” As the Court pointed out, only 55 of those emails were sent by Yoo, meaning that “CREW was not off-base to suggest that a paucity of substantive emails remained.” In any event, as the Court reiterated, through its FOIA request CREW obtained information about the volume and content of Yoo’s email that added to what was already in the public domain.
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