isenhoover v. U.S. Dep't of State, No. 20-5276, 2020 U.S. App. LEXIS 40171 (D.C. Cir. Dec. 22, 2020) (per curiam)

Risenhoover v. U.S. Dep't of State, No. 20-5276, 2020 U.S. App. LEXIS 40171 (D.C. Cir. Dec. 22, 2020) (per curiam)

Re:  Request for records concerning directive regarding Taiwan

Disposition:  Denying requester's motion for summary reversal; granting government's motion for summary affirmance

• Exemption 1:  The Court of Appeals of the District of Columbia Circuit holds that "[t]he district court correctly concluded that the U.S. Department of State properly invoked Exemption 1 under the [FOIA] to withhold the documents at issue in this case."  The court explains that "[the requester] has not demonstrated that these documents, or portions thereof, have been 'officially acknowledged' such that they are nonetheless subject to disclosure."
   
• Procedural Requirements, Entities Subject to the FOIA & Procedural Requirements, Searching for Responsive Records:  The Court of Appeals for the District of Columbia holds that "[t]he district court also correctly concluded that appellant failed to state a claim against the Executive Office of the President . . . and the National Security Council ('NSC')."  "NSC is not an agency for purposes of FOIA."  "And although EOP is an agency subject to FOIA . . . appellant never submitted a FOIA request to EOP."  "To the extent that appellant suggests that the State Department should have requested responsive documents from EOP, assuming any such documents exist, the State Department had no duty to do so."