4
Opinion of the Court
Court also rejects the Department's argument that compelled release of the documents at issue would impair the Department's performance of its fiduciary obligation to protect the confidentiality of communications with tribes. This boils down to requesting that the Court read an "Indian trust" exemption into the statute. There is simply no support for that exemption in the statutory text, which must be read strictly to serve FOIA's mandate of broad disclosure. Pp. 11-16.
189 F. 3d 1034, affirmed.
Souter, J., delivered the opinion for a unanimous Court.
Malcolm L. Stewart argued the cause for petitioners. With him on the briefs were Solicitor General Waxman, Assistant Attorney General Ogden, Deputy Solicitor General Kneedler, Leonard Schaitman, Matthew M. Collette, John Leshy, and Scott Bergstrom.
Andrew M. Hitchings argued the cause for respondent. With him on the brief were Paul S. Simmons and Donald B. Ayer.*
Justice Souter delivered the opinion of the Court. Documents in issue here, passing between Indian Tribes and the Department of the Interior, addressed tribal interests subject to state and federal proceedings to determine water allocations. The question is whether the documents are exempt from the disclosure requirements of the Freedom of Information Act, as "intra-agency memorandums or
*Briefs of amici curiae urging reversal were filed for the Campo Band of Mission Indians et al. by Susan M. Williams and Gwenellen P. Janov; and for the Klamath Tribes et al. by Tracy A. Labin, Carl Ullman, Curtis Berkey, Thomas P. Schlosser, Reid Peyton Chambers, Jill E. Grant, Dan Rey-Bear, Alice E. Walker, John B. Carter, Peter C. Chestnut, Rodney B. Lewis, Stephen V. Quesenberry, and Gregory M. Quinlan.
Lucy A. Dalglish, Gregg P. Leslie, and Bruce W. Sandford filed a brief for the Reporters Committee for Freedom of the Press et al. as amici curiae urging affirmance.
Briefs of amici curiae were filed for the City of Tacoma, Washington, by J. Richard Creatura; and for United South and Eastern Tribes, Inc., by William W. Taylor III, Michael R. Smith, and Eleanor H. Smith.
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