“Nothing in our decision should be read to suggest that

Posted on: August 19, 2022 at 13:44:55 CT

deliberative documents related to actual charging decisions fall outside the deliberative-process privilege...

We hold only that, in the unique circumstances of this case, in which a charging decision concededly was off the table and the agency failed to invoke an alternative rationale that might well have justified its invocation of the privilege, the district court did not err in granting judgment against the agency.”