Spadaro v. CBP, 826 F. App'x 112 (2d Cir. 2020) (Bianco, J.)

Spadaro v. CBP, 826 F. App'x 112 (2d Cir. 2020) (Bianco, J.)

Re:  Request for records concerning requester and his visa revocation

Disposition:  Affirming district court's grant of government's motion for summary judgment

• Exemption 5, Deliberative Process Privilege:  The Court of Appeals for the Second Circuit holds that "the FBI's disclosure of certain information to a third party relating to its findings in this case did not also subject to disclosure the work product of FBI attorneys contained in other, related documents."  The court "explain[s] that the 'disclosure of similar information to that contained in documents protected by the . . . deliberative process privilege[ ] does not waive the privilege' . . . ."  The court relates that "[the requester's] second argument is that the government's reliance on Exemption 5 'should be foreclosed by its misconduct.'"  "Even assuming that a misconduct exception to Exemption 5 exists, we agree with the District Court that [the requester's] allegations of misconduct are too bare and speculative to demonstrate that any such exception should apply here."