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Deliberation requires adequate time for participants to learn, weigh the evidence, and develop informed recommendations, due to the complexity of most policy. Dec. 21, 2020) ( The privilege covers information that is both 'predecisional' and 'deliberative.OPINION ANALYSIS. Court favors deliberative-process privilege protections over FOIA transparency goals. For example, facts that would reveal nature of the deliberations are protected and analysis or evaluation of facts as part of deliberations are protected. 3 Strategies for challenging deliberative process withholdings. 3. 1 Records not predecisional; 3. The deliberative process privilege distinguishes between documents that are pre-decisional and post-decisional. The participants suppose that they can act on the decision made; the deliberative process is a sufficient reason to comply with the decision reached. The APA provides that review of agency actions is based on the "whole record.