In response to the public furor over the "egregious misconduct" by Department of Justice (DOJ) prosecutors in the case of the late Senator Ted Stevens, whose conviction was vacated after post-trial investigations revealed that prosecutors had withheld significant exculpatory evidence from the defense, DOJ’s Office of Legal Education published, but has not made available to the public, a text referred to as the Federal Criminal Discovery Blue Book. In December 2012, the National Association of Criminal Defense Lawyers (NACDL) filed a Freedom of Information Act (FOIA) request with the DOJ seeking the disclosure of the Federal Criminal Discovery Blue Book, which was denied in February 2013, purportedly on various privilege-based and law enforcement grounds. NACDL appealed that denial in April 2013, and was denied again in June 2013. NACDL filed federal suit in February 2014.
Appellate Litigation
- Plaintiff's Notice of Appeal (02/12/15)
- Plaintiff-Appellant's Preliminary Statement of Issues to be Raised (03/24/15)
- Opening Brief of Appellant NACDL (07/15/15)
- Joint Appendix (07/15/15)
- Brief of Sixty-Three Law Professors as Amici Curiae in Support of the Appellant and Reversal (07/22/15)
- Brief of Amici Curiae The Constitution Project and The Innocence Project in Support of Appellant National Association of Criminal Defense Lawyers (07/22/15)
- Brief of Amici Curiae American Civil Liberties Union, American Civil Liberties Union of the Nation's Capital, and Electronic Frontier Foundation in Support of Appellant and Urging Reversal (07/22/15)
- DOJ's FOIA Opposition Brief (08/28/15)
- NACDL Reply (09/10/15)
- Opinion of the U.S. Court of Appeals for the District of Columbia Circuit (07/19/16)
- Order denying petition for en banc review (12/20/16)
- Order denying panel rehearing (12/20/16)
- Amended panel opinion (12/20/16)
- NACDL v. EOUSA: Memorandum Regarding Segregability (04/14/17)
- NACDL v. EOUSA: DOJ's Reply re Segregability (04/28/17)
- NACDL v. EOUSA: Order on Federal Criminal Discovery Blue Book (11/15/17)
- NACDL v. EOUSA and DOJ: Notice of Decision Not to Appeal (01/17/18)
Trial Litigation
- NACDL's Complaint for Declaratory and Injunctive Relief (02/21/14)
- Defendants' Answer to Plaintiff's Complaint (04/03/14)
- Defendant's Statement of Material Facts As to Which There Is No Genuine Dispute (06/11/14)
- Memorandum of Points and Authorities in Support of Defendants' Motion for Summary Judgment (6/11/14)
- Vaughn Index Submitted by Defendants (06/11/14)
- Declaration of Susan B. Gerson (06/11/14)
- Declaration of Andrew D. Goldsmith (06/11/14)
- Plaintiff's Cross Motion for Summary Judgment (07/23/14)
- Memorandum in Support of Plaintiff's Cross Motion for Summary Judgment and Opposition to Defendants' Motion for Summary Judgement (7/23/14)
- Plaintiff's Opposition to Defendant's Statement of Material Facts as to Which There Is No Genuine Dispute and Plaintiff's Statement of Additional Material Facts as to Which There Is No Genuine Dispute (07/23/14)
- Declaration of Kerri L. Ruttenberg (07/23/14)
- Exhibit A - United States v. Pedersen Opinion
- Exhibit B - Government Response to Discovery Blue Book
- Exhibit C - Ordering Production of Blue Book
- Exhibit D - Criminal Docket for Pedersen Case
- Exhibit E - Excerpts from Hearing Transcript
- Exhibit 1 - Second Declaration of Andrew D. Goldsmith
- Defendants' Opposition to Plaintiff's Statement of Material Facts As to Which There Is No Genuine Dispute (09/02/14)
- Reply to Opposition to Defendants' Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment (09/02/14)
- Plaintiff's Motion for Leave to File Reply in Support of Its Cross-Motion for Summary Judgment and Surreply in Opposition to Defendants' Motion for Summary Judgment (09/11/14)
- Defendants' Opposition to Plaintiff's Motion for Leave to File a Reply and a Surreply (09/17/14)
- NACDL's Reply in Support of Cross-Motion for Summary Judgment (10/13/14)
- Notice (10/23/14)
- Notice (10/23/14)
- Memorandum Opinion (12/18/14)
