The U.S. Department of Justice can keep secret a legal memo that addresses the authority and legality of the FBI’s ability to acquire phone records without legal process, a federal appeals court in Washington ruled today.

A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit, including one of the court’s newest members, Sri Srinivasan, said the “deliberative process” legal privilege shields the document from public scrutiny. Read the opinion here.

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