Whether FOIA's Exemption 5 includes an unwritten 'consultant corollary'

QUESTIONS PRESENTED Exemption 5 of the Freedom of Information Act (FOIA) provides that federal agencies need not release privileged “inter-agency or intra-agency memorandums or letters.” 5 U.S.C. § 552(b)(5). 1. Whether FOIA’s Exemption 5 includes an unwritten “consultant corollary,” under which documents prepared by private, outside consultants are deemed “intra-agency memorandums or letters.” 2. Whether any “consultant corollary” in FOIA Exemption 5 could ever render “intra-agency” the communications between an agency and (1) employees of a private, regulated company with an economic interest in the agency’s actions; or (2) the representative of a foreign government.