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The nine-judge panel unanimously released a lengthy opinion. In it, the court said that it does not have to decide whether the memos might be covered by some privilege, because the president and his allies have no right to block the release.
“We need not decide whether the government has a valid privilege argument with respect to the redacted material, as the President has no standing to assert such an argument, and the redactions are not unlawful,” the court said. “We therefore vacate the district court’s order and remand with instructions to dismiss the case.”
The court did address whether the Justice Department had properly reviewed and redacted the memos, concluding that the department did not need to re-do everything because everything the White House and the president had asked for was already accomplished.
“The purpose of the request was for the President and his advisors to receive the memos at a time when the investigation was already concluded, and therefore the request was satisfied,” the court said. “Even if any of the redactions were not necessary for the proper completion of the processing of the request, the President 0b46394aab