Exactly ...
I'm pretty sure KV has already said he requested them and OM responded with an execption.
And the next step is to file a suit where a judge would determine if OM's exception is valid or if it can be 'overcome' by redacting part of the emails.
Just because OM "claims" an exemption, doesn't mean that the information 'fits' the claimed exemption.
Here is a list of the nine exemptions ...
Exemption 1: Information that is classified to protect national security. The material must be properly classified under an Executive Order.
Exemption 2: Information related solely to the internal personnel rules and practices of an agency.
Exemption 3: Information that is prohibited from disclosure by another federal law.
Exemption 4: Information that concerns business trade secrets or other confidential commercial or financial information.
Exemption 5: Information that concerns communications within or between agencies which are protected by legal privileges, that include but are not limited to:
- Attorney-Work Product Privilege
- Attorney-Client Privilege
- Deliberative Process Privilege
- Presidential Communications Privilege
Exemption 6: Information that, if disclosed, would invade another individual's personal privacy.
Exemption 7: Information compiled for law enforcement purposes if one of the following harms would occur. Law enforcement information is exempt if it:
- 7(A). Could reasonably be expected to interfere with enforcement proceedings
- 7(B). Would deprive a person of a right to a fair trial or an impartial adjudication
- 7(C). Could reasonably be expected to constitute an unwarranted invasion of personal privacy
- 7(D). Could reasonably be expected to disclose the identity of a confidential source
- 7(E). Would disclose techniques and procedures for law enforcement investigations or prosecutions
- 7(F). Could reasonably be expected to endanger the life or physical safety of any individual
Exemption 8: Information that concerns the supervision of financial institutions.
Exemption 9: Geological information on wells.