In re Air Crash Disaster Near Cerritos

The Department of Commerce ("DOC") appeals the district courts summary judgment in favor of the Assembly of California ("Assembly") requiring that computer tapes containing statistically adjusted figures from the 1990 census be released to Assembly under the Freedom of Information Act ("FOIA"). DOC argues that the tapes are protected by Exemption 5s deliberative process privilege, which protects documents that are both "predecisional" and "deliberative." We affirm.