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Appeals Court: FBI Does Not Have to Release Memo Granting Permission to Gather Phone Records

Steve Neavling
ticklethewire.com

A confidential Justice Department legal opinion on the extent of the FBI’s surveillance authority does not have to be released to the public, a federal appeals court ruled, the Washington Post reports.

The January 2010 memo gave the FBI permission to gather phone call records from telecommunications companies.

The U.S. Court of Appeals for the D.C. Circuit ruled that the memo was not subject to the Freedom of Information Act.

“The District Court correctly concluded that the unclassified portions of the OLC Opinion could not be released without harming the deliberative processes of the government by chilling the candid and frank communications necessary for effective governmental decision-making,” the court said in its opinion written by D.C. Circuit Judge Harry T. Edwards.


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