Brief filed: 12/18/2014
Documents
- Appeal of FOIA Request (April 26, 2013)
- Denial of Appeal (June 25, 2013)
- NACDL's Complaint for Declaratory and Injunctive Relief (Feb. 21, 2014)
- Defendants' Answer to Plaintiff's Complaint (Apr. 3, 2014)
- FOIA meet and confer order (Apr. 4, 2014)
- Defendant's Statement of Material Facts As to Which There Is No Genuine Dispute (June 11, 2014)
- Memorandum of Points and Authorities in Support of Defendants' Motion for Summary Judgment (June 11, 2014)
- Vaughn Index Submitted by Defendants (June 11, 2014)
- Declaration of Susan B. Gerson (June 11, 2014)
- Declaration of Andrew D. Goldsmith (June 11, 2014)
- Plaintiff's Cross Motion for Summary Judgment (July 23, 2014)
- Memorandum in Support of Plaintiff's Cross Motion for Summary Judgment and Opposition to Defendants' Motion for Summary Judgement (July 23, 2014)
- 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 (July 23, 2014)
- Declaration of Kerri L. Ruttenberg (July 23, 2014)
- 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 (Sept. 2, 2014)
- Reply to Opposition to Defendants' Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment (Sept. 2, 2014)
- 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 (Sept. 11, 2014)
- Defendants' Opposition to Plaintiff's Motion for Leave to File a Reply and a Surreply (Sept. 17, 2014)
- NACDL's Reply in Support of Cross-Motion for Summary Judgment (Oct. 13, 2014)
- Memorandum Opinion (Dec. 18, 2014)
NACDL v. Executive Office for United States Attorneys and U.S. Department of Justice (trial)
D.D.C.; Case No. 1:14-cv-00269-CKK
Argument(s)
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.
Review the appellate litigation