United States First Circuit

In a suit regarding information requested from the FBI by Puerto Rico pertaining to criminal investigations of FBI employees, judgment that the FBI did not err in withholding the requested information is affirmed where: 1) Puerto Rico does not have a nonstatutory cause of action, grounded in its sovereign authority under the Constitution, to obtain information from the FBI; 2) Puerto Rico must proceed under the Administrative Procedure Act; and 3) the FBI may assert a qualified privilege to protect sensitive law enforcement techniques and procedures from disclosure.

Appellate Information

• Decided 06/15/2007
• Published 06/15/2007

Judges

• LIPEZ, Circuit Judge., Before BOUDIN, Chief Circuit Judge, LIPEZ, Circuit Judge, and SHADUR, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Salvador J. Antonetti-Stutts, Solicitor General, with whom Roberto J. Sánchez-Rámos, Secretary of Justice, Kenneth Pamias-Velázquez, Special Aide to the Secretary of Justice, Jorge R. Roig-Colón, Assistant Secretary of Justice, and Hiram A. Meléndez-Juarbe, Legal Advisor to the Secretary of Justice, were on brief, for appellant.


• For Appellees:
  
• Mark B. Stern, Civil Division, Department of Justice, with whom Peter D. Keisler, Assistant Attorney General, Rosa Emilia Rodriguez-Vélez, U.S. Attorney, Jonathan F. Cohn, Deputy Assistant Attorney General, and Alisa B. Klein, Civil Division, Department of Justice, were on brief, for appellees.