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Trump-Era DOJ Census Citizenship Draft Letter Falls Outside FOIA

May 17, 2022, 9:54 PM

The DOJ proved that drafts and nearly all emails over a letter requesting a citizenship question on the 2020 Census aren’t public records that can be accessed under the Freedom of Information Act, according to a federal appeals court ruling published Tuesday.

The drafts of the letter and 15 out of 20 emails come under an exemption that protects internal agency memos that are dated before the release of a final policy and are deliberative in nature, the US Court of Appeals for the D.C. Circuit said.

The final letter sent by Arthur Gary, DOJ general counsel of the Justice ...