Whether district court and circuit court review of agency action under FOIA must comport with the APA

QUESTIONS PRESENTED To oppose release under the Freedom of Information Act (“FOIA”) of two emails, an agency asserted FOIA Exemption 4 based on the attorney-client privilege. Regarding one email, the D.C. District Court granted summary judgment for the agency based on misrepresentations the judge knew were false and the judge’s knowing violations of federal law, Supreme Court precedent and the Constitution. Plaintiff moved for relief under Rule 60 of the Federal Rules of Civil Procedure, which the District Court denied. The D.C. Circuit summarily affirmed in one sentence, so the questions presented are: 1. Whether, under FOIA, district court review of agency action and circuit court review of a district court decision must comport with the judicial review provision of the Administrative Procedure Act (“APA”), 5 U.S.C. 706. 2. Whether a district court’s decision under FOIA may be summarily affirmed by contending that “[t]he merits of the parties’ positions are so clear as to warrant summary action.” ii DIRECTLY