Whether documents obtained and used by a federal agency in the legitimate conduct of its official duties are not 'agency records' and thus never subject to disclosure under the Freedom of Information Act if they were provided to the agency with an expectation of confidentiality

QUESTIONS PRESENTED 1. Whether documents obtained and used by a federal agency in the legitimate conduct of its official duties are not “agency records” and thus never subject to disclosure under the Freedom of Information Act if they were provided to the agency with an expectation of confidentiality. 2. Whether an appellate court violates the party presentation principle by deciding an _ appeal primarily on the novel resolution of an issue not presented, briefed, or argued by the parties at any stage of the litigation. 3. Whether the balancing of personal privacy interests against the public interest in disclosure required by FOIA Exemption 7(C) permits an agency’s interest in obtaining information, among other factors, to outweigh the public’s interest in understanding the policies and priorities of a presidential administration.