Can a waiver analysis be used to assess the harm caused by disclosure of a deliberative decision making process?

15 Defendant argues that the court imports a defective waiver analysis when it evaluates the harm caused by disclosure against the backdrop of defendant's prior disclosures of the decisionmaking process. See Mobil Oil Company v. Environmental Protection Agency, 879 F.2d 698 (9th Cir.1989) ("Agency release of certain documents in a litigation environment does not necessarily waive any applicable exemption as to other documents."). The court disagrees. The court must survey what harm to the deliberative process, if any, might ensue from further disclosure and what of the deliberative process could possibly be disclosed that has not already been disclosed. The analysis must have a starting place consistent with the record. The record reveals that virtually the entire deliberative process has been disclosed. A difference between the court's measure of defendant's prior disclosure in this case, and a waiver analysis, is that here the extent of prior disclosure does not waive the privilege but merely is a factor that the court considers in determining the "incremental harm" at risk with disclosure.