Although FOIA generally requires government transparency, the law contains multiple exemptions from disclosure, including deliberative communications that are “intra‐agency.” In denying Mr. Jobe’s request, the NTSB claimed that this “intra‐agency” exemption extends to its co-investigators. On its face, the agency’s reading of FOIA makes no sense—a private party with an obvious conflict of interest cannot be considered “intra‐agency.” More broadly, this is the latest attempt by the government to evade accountability under disclosure laws.
Mr. Jobe brought a legal challenge against the NTSB’s purported “consultant corollary” to FOIA’s exemptions, but a federal district court upheld the government’s self-serving interpretation. Mr. Jobe then appealed to the Fifth Circuit, where a three‐judge panel affirmed the lower court. Now, Mr. Jobe seeks Supreme Court review. Building on our prior work in a companion case, the Cato Institute today filed a brief in support of the petitioner. We urge the Court to take this case and close the “consultant corollary” loophole through FOIA.
