Tag Archive for FOIA

In his last decision before his Supreme Court nomination, Brett Kavanaugh sided with the CIA

 

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Brett Kavanaugh, the future of justice?

The D.C. Circuit U.S. Court of Appeals ruled 2-1 on July 9th that the CIA does not have to pay my court costs incurred in the long-running FOIA lawsuit Morley v. CIA. The split decision was joined by Judge Brett Kavanaugh, who was nominated by President Trump later that day to serve on the the Supreme Court. Read more

Kavanaugh’s judicial activism on display

Brett Kavanaugh

Brett Kavanaugh, creative jurist

On the second day of the Brett Kavanaugh confirmation hearings, the Supreme Court nominee’s legal record is under close scrutiny. While far from is most important ruling, his last signed opinion as an appellate court judge provides a window into his judicial philosophy.

In a split decision on July 9, Kavanaugh’s vote decided my Freedom of Information Act (FOIA) lawsuit for certain JFK assassination files. As fellow judge Karen Henderson pointed out in a stinging dissent, the majority decision ignored precedent and invented mandate.

Substantively, Kavanaugh’s decision undermined a key feature of FOIA law and strengthened the CIA and other agencies that want to keep embarrassing secrets out of the public record–even when they are more than 50 years old. That’s why I’m appealing the decision.

Appeal filed on Brett Kavanaugh’s anti-FOIA decision

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Brett Kavanaugh announced.

The last opinion signed by Brett Kavanaugh before his nomination to the Supreme Court dealt a blow to a key provision of the Freedom of Information Action: compensation for successful litigant.

On July 9, Kavanaugh joined a 2-1 majority decision in Morley v. CIA that held that the government did not have to pay my court costs because the CIA had acted reasonably and there was no benefit to the information obtained.

In a powerful dissent, Judge Karen Henderson rebuked Kavanaugh and Judge Gregory Katsas for ignoring precedent and inventing mandate.

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Judge Karen Henderson dissents from Brett Kavanaugh’s decision favoring CIA

Judge Karen Henderson

Judge Karen Henderson, JFK dissenter

Click for here Judge Brett Kavanaugh’s July 9 decision in Morley v CIA,

Morley v CIA is a Freedom of Information Act (FOIA) lawsuit seeking release of certain CIA files related to the assassination of President John F Kennedy in November 1963.

in his last decision before being nominated by President Trump to serve on the Supreme Court, Kavanaugh ruled in favor of the CIA.

Judge Karen Henderson, first appointed to the federal bench by President Ronald Reagan, dissented: Read more

Do you think Trump will free the JFK files next week?

Nate Jones, author and director of the FOIA Project of the non-profit National Security Archive, has a succinct answer:

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When will the court rule?

What is Morley v CIA about?

A reader asks:

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I beat the CIA three times in the 2nd highest court in the land. Then this happened

When first asked the CIA lied and said George Joannides was ‘a routing indicator’

Why sue the CIA for JFK files?

What is Morley v. CIA all about?

‘May fortune smile on your exercise in responsible citizenship!’

An old friend named Jeffrey writes: Read more

15-year lawsuit over mysterious CIA agent drags as last of JFK files awaits release

Morley v. CIA

(l. to r.) Reporter Ed Brackett, attorney James Lesar, and plaintiff Jefferson Morley

USA Today reporter Ed Brackett reported the story first. Read more

After 15 years, my day in court with Ruth Bader Ginsburg and the CIA

Barrett Prettyman Courthouse

Home of Morley v. CIA.

When I sued the CIA for certain JFK assassination files in December 2003, I knew any litigation under the Freedom of Information Act (FOIA) was sure to take a long time.

It sure has. Read more

What is Morley v. CIA?

Morley v. CIA is a Freedom of Information Act lawsuit, filed by journalist Jefferson Morley, seeking certain JFK assassination related records generated by a CIA undercover officer named George Joannides

Here’s some press coverage of the case.

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