FOIA Advisor

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FOIA News: DC Circuit to hear argument in FOIA "clawback" case

The U.S. Court of Appeals for the District of Columbia Circuit will hear oral argument in Human Rights Defense Center v. U.S. Park Police (No. 23-5236) on October 24, 2024. The issues on appeal are (1) whether the agency proper applied Exemption 6 to withhold names of federal officers whose behavior gave rise to federal tort claims settled by the agency, and (2) whether a federal court has the inherent authority to order the “claw back” of records an agency argues were inadvertently disclosed.

The district court ruled in the government’s favor.

Livestream audio is available here.

(NB: FOIA Advisor’s Ryan Mulvey authored an amicus brief in support of Appellant HRDC, which he filed on behalf of his employer, Americans for Prosperity Foundation.)