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FOIA News: Heritage asks court to reconsider Prince Harry case

Think Tank Wants Judge To Redo Prince Harry Records Review

By Britain Eakin, Law360, Oct. 23, 2024

Conservative think tank the Heritage Foundation asked a D. C. federal judge to reconsider his denial of access to Prince Harry's visa records, saying the judge didn't follow the proper process for reviewing case records privately.

Following a hearing earlier this year, U.S. District Judge Carl J. Nichols ordered the federal government to submit declarations explaining what harm would come from public disclosure of Prince Harry’s immigration records, which the Heritage Foundation sought through a Freedom of Information Act request.

Judge Nichols reviewed the declarations privately, without the Heritage Foundation being able to see them, and determined that Prince Harry’s immigration records were rightfully withheld to protect his privacy. The Heritage Foundation contends the judge was required by D.C. Circuit precedent to review all documents responsive to its FOIA request first, but said in a request for reconsideration on Tuesday that didn’t happen here.

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