Topic: may include recommendations, draft documents, proposals, su… · Go Syfert
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Topic #22208

5 canonical passages across 5 cases, quoted by 18 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Moye, O'Brien, O'Rourke, Hogan, & Pickert v. National Railroad Passenger Corp..

#Case FlagCanonical passage Citers
1 Moye, O'Brien, O'Rourke, Hogan, & Pickert v. National Railroad Passenger Corp. Anchor
ca11 · 2004
green “may include recommendations, draft documents, proposals, suggestions, and other subjective documents which reflect the personal opinions of the writer rather than the policy of the agency.” 4
2 National Wildlife Federation v. United States Forest Service
ca9 · 1988
green “whenever the unveiling of factual materials would be tantamount to the 'publication of the evaluation and analysis of the multitudinous facts' conducted by the agency, the deliberative process privilege applies.” 4
3 Rein v. United States Patent & Trademark Office
ca4 · 2009
green “facts contained in such documents must be considered within the context of the document as a whole, and within the context of the document as part of the agency's overall decision-making process.” 4
4 Kaiser Aluminum & Chemical Corp. v. United States
cc · 1958
green “open, frank discussion between subordinate and chief concerning administrative action,” 3
5 Chevron U.S.A., Inc. v. United States
uscfc · 2008
green “should be disclosed ... but only it if 'does not reveal the deliberative process and is not intertwined with the policy-making process.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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