Divided D.C. Circuit concludes criminal defendant’s FOIA rights may not be waived in plea deal

By Jonathan Adler, Wash. Post, Aug. 5, 2017

On Friday, a divided panel of the U.S. Court of Appeals for the District of Columbia Circuit concluded that a criminal defendant may not waive his or her right to obtain information about their case under the Freedom of Information Act (FOIA). The court’s decision in Price v. U.S. Dept. of Justice Attorney Office provoked a dissent and appears to be at odds with the decisions of several other courts, although no other circuit court has squarely addressed this question in a published opinion.

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