White Collar Roundup - January 2015

Defense Bar Stifled

In National Association of Criminal Defense Lawyers (NACDL) v. Executive Office for United States Attorneys, the U.S. District Court for the District of Columbia refused to require the Department of Justice (DOJ) to provide the NACDL a copy of its discovery manual, called the "Blue Book." The NACDL had filed a Freedom of Information Act (FOIA) request for the Blue Book, which the DOJ denied, claiming the Blue Book was exempt as attorney work product. The parties filed cross-motions for summary judgment. The NACDL claimed the Blue Book simply contained guidelines to govern discovery in criminal cases, but the DOJ claimed it contained "legal advice, strategies, and arguments for defeating discovery claims." After conducting an in camera review of the Blue Book, the court agreed it "is attorney work-product protected from disclosure pursuant to FOIA Exemption 5." As a result, the court granted the DOJ's motion.