In the case of Department of Interior and Bureau of Indian Affairs v. Klamath Water Users Protective Association, 2000, the U.S. Supreme Court ruled that documents exchanged between Native American Tribes and federal agencies were not subject to disclosure under the Freedom of Information Act (FOIA). The court held that these communications fell within an exemption in FOIA for "intra-agency" records which are protected by privilege. The Klamath Water Users Protective Association had sought access to correspondence related to water rights negotiations between tribes and government officials. However, the court found that such exchanges constituted confidential consultations rather than public information sharing because they involved trust responsibilities with sovereign tribal governments.

In the dissenting opinion for the Department of Interior and Bureau of Indian Affairs v. Klamath Water Users Protective Association case, Justice Ginsburg argued that communications between federal agencies and Native American tribes should be protected under a governmental privilege similar to attorney-client privilege. She contended that these communications are essential for effective governance and policy-making, particularly in matters related to tribal rights and resources. Furthermore, she expressed concern that without such protection, tribes might hesitate to share sensitive information with federal agencies due to fear of public disclosure under the Freedom of Information Act (FOIA). This could potentially undermine trustful relationships between tribes and government entities necessary for cooperative decision-making processes. Therefore, according to her perspective, these intergovernmental exchanges should be exempted from FOIA requests as they fall within an "intra-agency" exemption which covers privileged conversations held within or among government bodies.