Legal Filings

Legal Filings
Oct 16, 2013

CREW Files Amicus Brief to Prevent Unnecessary Expansion of Government Secrecy

epic.org logoYesterday, CREW (on behalf of itself), the ACLU, the Electronic Frontier Foundation, and OpenTheGovernment.org filed an amicus or friend of the court brief in two consolidated cases before the D.C. Circuit, Electronic Privacy Information Center v. U.S. Dep’t of Homeland Security and Electronic Privacy Information Center v. Transportation Security Administration.  EPIC is seeking under the FOIA test results, fact sheets, and data concerning radiation exposure pertaining to the Advanced Imaging Technology machines used by DHS and TSA to screen airline passengers.  Although the material EPIC seeks is purely factual, the district court held it was protected by Exemption 5 of the FOIA as within the deliberative process privilege, which protects an agency’s deliberations as part of the decision-making process.

CREW participated as an amicus in the two cases to prevent the expansion of Exemption 5, which under the district court’s holding would allow agencies to shroud their decisions in total secrecy and undermine the integrity disclosing factual information brings to agency deliberations.

[ Please review our commenting policy here. ]  [ Comments powered by Disqus ]
© 2015 Citizens for Responsibility and Ethics in Washington, all rights reserved.
• 455 Massachusetts Avenue NW • Sixth Floor • Washington, DC 20001 • 202-408-5565 •


Citizens for Responsibility and Ethics in Washington®, and the
“CREW | Citizens for Responsibility and Ethics in Washington” wordmark are registered trademarks.