Judges Skeptical of FBI Arguments in Suit Over Reporter Impersonation
B Cogan Schneier, National Law Journal, Nov. 13, 2017
A federal appeals court panel in Washington, D.C., seemed skeptical of arguments by the government on Monday that the FBI has fully complied with an open records request about its practice of impersonating journalists in criminal investigations.
The Associated Press and Reporters Committee for Freedom of the Press argue in a lawsuit filed in 2015 that in searching for records responsive to their Freedom of Information Act (FOIA) request, the FBI ignored certain locations where the records could have been found.
In oral arguments Monday, Judges Brett Kavanaugh, David Tatel and Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit repeatedly pressed Justice Department lawyer Joseph Busa about why the FBI did not explain in greater detail how it conducted the searches.
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