Under the U.S. Freedom of Information Act, the deliberative process privilege does not apply to interagency or intra-agency memorandums or letters created 25 years or more before the date the records were requested.
Sources
- The Freedom of Information Act (FOIA) - National Archives (archives.gov)
- https://www.justice.gov/oip/freedom-information-act-5-usc-552 (justice.gov)
- https://www.justice.gov/oip/oip-summary-foia-improvement-act-2016 (justice.gov)
- https://www.rcfp.org/foia-deliberative-process/ (rcfp.org)
- https://uscode.house.gov/view.xhtml?path=%2Fprelim%40title5%2Fpart1%2Fchapter5%2Fsubchapter2&edition=prelim (uscode.house.gov)
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