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- n other words, Trump’s tweets validated—from Trump’s perspective, at least—the facts alleged in the Breitbart post. Under the legal doctrine of “prior disclosure,” the government waives its rights to claim exemptions under FOIA if it has previously disclosed the information it is trying to protect.
Our complaint, filed on our behalf by McClanahan, maintains that when Trump disclosed the existence of the warrants, he waived the government’s right to claim that the existence of the warrants is classified. The Justice Department must therefore process our request and release those portions of the warrants that aren’t covered by any other FOIA exemptions.
