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.
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Jefferson Morley’s new ebook, CIA and JFK: The Secret Assassination Files, available on Amazon, provides the fullest account yet of the JFK records that the CIA is still concealing in 2016 and why they should be made public in October 2017.
The court may assess against the United States reasonable attorney’s fees and other litigation costs reasonably incurred in any case under this section in which the complainant has substantially prevailed.
The Obama Justice Department doesn’t want to admit it but, in Morley v. CIA, yours truly substantially prevailed. Will the Supreme Court be interested?
It’s a long shot, but I try to think like Steph Curry; sometimes a long shot is worth taking.