DC Circ. Dubious Of FBI FOIA Claims In Fake News Case

Law 360, Jan. 12, 2021

Two D. C. Circuit judges expressed skepticism Tuesday that the FBI adequately searched for records concerning agents' alleged practice of impersonating journalists, suggesting that the agency did not fully explain the purported harm that disclosure of certain documents requested by media organizations under the Freedom of Information Act would cause. Government attorney Joseph F. Busa maintained during oral arguments that the agency appropriately invoked a FOIA exemption to withhold records sought by media advocacy group Reporters Committee for Freedom of the Press and the Associated Press.

Read more here (accessible with free trial subscription).

Listen to the oral argument here.