United States DC Circuit

A Freedom of Information Act claim is remanded where wholesale disclosure would jeopardize third parties involved in an FBI investigation, and government's failure to invoke all applicable exemptions in original district court proceedings was a reasonable mistake rather than an attempt to gain tactical advantage.

Appellate Information

• Argued 04/14/2003
• Decided 05/20/2003
• Published 05/20/2003

Judges

• Before:  EDWARDS, RANDOLPH and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Andrew W. Bagley, appointed by the court, argued the cause as amicus curiae for appellant.   With him on the briefs was J. Michael Klise., Gregory E. August filed a pro se brief.


• For Appellees:
  
• John S. Koppel, Attorney, U.S. Department of Justice, argued the cause for appellees.   With him on the brief were Roscoe C. Howard, Jr., U.S. Attorney, Leonard Schaitman, Attorney, U.S. Department of Justice, and R. Craig Lawrence, Assistant U.S. Attorney.  Kathleen M. Frye and Robin M. Earnest, Assistant U.S. Attorneys, entered appearances.