October Term 2000 · Docket 99-1871
Does FOIA Exemption 5 shield agency communications with outside parties?
The dispute centers on whether the government can withhold documents shared with non-agency groups.
Verified source milestones
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Mr. Stewart argued the records involve the government's trustee duties.
Mr. Hitchings argued Exemption 5 excludes communications with non-agency parties.
The association claims these communications allocate valuable rights among outsiders.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 25, lines 15-9 — Transcript, file page 25, lines 15-9
- Official Supreme Court Transcript — file page 3, lines 19-41 — Transcript, file page 3, lines 19-41
- Official Supreme Court Transcript — file page 3, lines 5-17 — Transcript, file page 3, lines 5-17
- Official Supreme Court Transcript — file page 40, lines 19-23 — Transcript, file page 40, lines 19-23
A citizen's guide to the whole case
What this case is about
The Department of Interior seeks to keep seven documents private. These records relate to the government's role as trustee for Indian tribes. The Klamath Water Users Protective Association wants the public to see these files. The case tests the scope of a specific FOIA exemption.
Official sources for this section
- Official Supreme Court Transcript — file page 25, lines 15-9 — Transcript, file page 25, lines 15-9
- Official Supreme Court Transcript — file page 3, lines 19-41 — Transcript, file page 3, lines 19-41
How the case got here
The Supreme Court heard oral argument in this case on January 10, 2001.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-17 — Transcript, file page 3, lines 5-17
What each side wants
The Department of Interior wants the Court to uphold the lower court's denial of the documents.
The Klamath Water Users Protective Association wants the Court to order the release of the seven documents.
Official sources for this section
- Official Supreme Court Transcript — file page 25, lines 15-9 — Transcript, file page 25, lines 15-9
- Official Supreme Court Transcript — file page 3, lines 19-41 — Transcript, file page 3, lines 19-41
What each side says
The government argues Exemption 5 covers these trustee-related records.
The association argues Exemption 5 does not cover communications with outside parties.
Official sources for this section
- Official Supreme Court Transcript — file page 25, lines 15-9 — Transcript, file page 25, lines 15-9
- Official Supreme Court Transcript — file page 3, lines 19-41 — Transcript, file page 3, lines 19-41
What the justices asked
Chief Justice Rehnquist asked if the case was submitted.
Official sources for this section
- Official Supreme Court Transcript — file page 40, lines 19-23 — Transcript, file page 40, lines 19-23
Why it matters
This case defines the boundary of government transparency. It determines when agencies can hide records shared with outside groups. The outcome shapes public access to federal resource management decisions.
Official sources for this section
- Official Supreme Court Transcript — file page 25, lines 15-9 — Transcript, file page 25, lines 15-9
- Official Supreme Court Transcript — file page 3, lines 19-41 — Transcript, file page 3, lines 19-41
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-17 — Transcript, file page 3, lines 5-17
- Official Supreme Court Transcript — file page 40, lines 19-23 — Transcript, file page 40, lines 19-23
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 25, lines 15-9 — Transcript, file page 25, lines 15-9
- Official Supreme Court Transcript — file page 3, lines 19-41 — Transcript, file page 3, lines 19-41
- Official Supreme Court Transcript — file page 25, lines 15-9 — Transcript, file page 25, lines 15-9
- Official Supreme Court Transcript — file page 3, lines 19-41 — Transcript, file page 3, lines 19-41
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.