You want to know the biggest problem with #FOIA litigation? It's right here.

Agency files a motion for summary judgment. Gives crap evidence and writes a crap brief. Judge denies it and the case goes to trial, right? That's how summary judgment works, right?
Nope, Judge says "try again." So Agency files another motion for summary judgment. Gives crap evidence and writes a crap brief. OK, this time the Judge will definitely deny it so the case goes to trial. Or just order the Agency to release the information.

Right?
Nope, Judge says, "you silly goose, go try again." So Agency files ANOTHER motion for summary judgment. Finally gives some decent evidence and writes a decent brief. YAY AGENCY WINS!

Tell me a single other area of law where this happens.
And this isn't an exception or a one off. This is THE NORM. I've been in cases with 5-6 renewed motions for summary judgment before.
You can follow @NatlSecCnslrs.
Tip: mention @twtextapp on a Twitter thread with the keyword “unroll” to get a link to it.

Latest Threads Unrolled: