Following up on this item about Manhattan DA and (climate) lawfare pioneer, Manhattan District Attorney Alvin Bragg, the Court has sided with GAO’s position that various “climate” correspondence that Bragg’s Office withheld were not privileged and ordered them released, which Bragg’s Office then did.
GAO has an outstanding FOIL request still in suit in Manhattan over a request seeking records from the build-up to that climate-plaintiff’s (first) entry into the litigation sweepstakes, which the City serially delayed lifting a finger to process but which now, post-suit, its counsel says is subject to further delays because the long-delayed processing keeps turning up more records.
UPDATE: DANY originally denied access to all but three pages of described records using the phrase “climate equity” and/or “climate justice”, on grounds including both privacy and that their release would impermissibly “reveal non-routine law enforcement investigative techniques or procedures, confidential sources, and/or jeopardize pending investigations.” Records released (and the fact some are still being withheld) should be viewed through that lens. DANY then later agreed to release 10 pages after an appeal was filed. After suit was filed, the court ordered release of 14 further pages, but allowed the DA’s Office to keep some “climate justice” or climate equity” records from public inspection, in their entirety. GAO is considering its options.