In a Freedom of Information Act action seeking documents pertaining to a government investigation of a plane crash, the District Court's order requiring the production of some of the documents sought is affirmed in part, where certain documents were not protected by the deliberative process privilege; but reversed in part, where the eyewitness testimony sought would infringe protected privacy interests.
Argued August 8, 2008
Decided June 22, 2009
Before: Roger J. Miner, Kim McLane Wardlaw and Marsha S. Berzon, Circuit Judges.
Opinion by Judge Berzon
John H. Clarke, Washington, D.C.