Under FOIA, 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.
Notes on verification
Confirmed by DOJ Office of Information Policy, Congressional Research Service, and Reporters Committee for Freedom of the Press, all citing the FOIA Improvement Act of 2016's amendment to Exemption 5. [tier=gold indep_score=0.983 clusters=3 claim_tier=notable]
Sources
- The Freedom of Information Act (FOIA) - National Archives (seed:conspiracy_and_investigation)
- https://www.justice.gov/oip/oip-summary-foia-improvement-act-2016 (corroboration)
- https://www.congress.gov/crs-product/R46238 (corroboration)
- https://www.rcfp.org/foia-deliberative-process/ (corroboration)