The latest Morley decision greatly simplifies the test for determining whether a FOIA plaintiff is entitled to receive attorney fees.
Source: MEMORANDUM ON MORLEY CASE OPINION BY COURT OF APPEALS
Thanks all the positivity on the court’s decision. I think Bill S. has quoted the essence of the decision, which is good news for FOIA requesters everywhere. What’s gratifying is the court’s rather commensensical affirmation that people who want to know more about the CIA and the events of November 1963 are acting reasonably.
In addition, this court has previously determined that Morley’s request sought information “central” to an intelligence committee’s inquiry into the performance of the CIA and other federal agencies in investigating the assassination. Morley v. CIA, 508 F.3d 1108, 1118 (D.C. Cir. 2007). Under these circumstances, there was at least a modest probability that Morley’s request would generate information relevant to the assassination or later investigations.”
Unfortunately,, the archaic appellate process has delivered us back into the tender mercies of the oft-reversed Judge Leon. We are exploring possible remedies. If you have expertise in federal appellate court procedures, maybe you have some ideas.
I will keep you posted, if you keep posting the story of the court’s decision on your social media.
Here is the decision of Judge Stephen Williams in the Morley v CIA lawsuit concerning certain long-suppressed CIA records related to the assassination of President John F. Kennedy.
A federal appellate court has again rejected the arguments of the Central Intelligence Agency in a long-running lawsuit over ancient but still-sensitive CIA files related to the assassination of President John F. Kennedy.
On Thursday, a three-judge panel in Washington D.C. unanimously denied the CIA’s claim that there is no “public benefit” to the disclosure of long-suppressed records of a deceased CIA officer involved in the events that led to the death of the liberal president on November 22, 1963.
“Where that subject is the Kennedy assassination, an event with few rivals in national trauma and in the array of passionately held conflicting explanationsshowing potential public value is relatively easy,” wrote Senior Circuit Judge Stephen Williams.
The records were forced into public view by a Freedom of Information Act lawsuit that I brought against the CIA in 2003. The records revealed for the first time that the officer received a Career Intelligence Medal in 1981, two years after stonewalling congressional investigators about what he knew of contacts in 1963 between accused assassin Lee Oswald and CIA-funded anti-Castro exiles in New Orleans.
…
Oral arguments in my long-running lawsuit for certain CIA records related to the assassination of President John F. Kennedy will be heard in federal court in Washington on Friday, November 6.
At issue: whether the records forced into the public record by Morley v. CIA over CIA objections have had “public benefit.”
…
Federal judges to hear arguments about CIA JFK files on November 6Read More »
Technical assistance courtesy of the Mary Ferrell Foundation | Designed by iWebResults
