United States DC Circuit

Plaintiff's mere assertions are not evidence of government impropriety, and, therefore, are not sufficient to satisfy the evidentiary standard established in National Archives and Records Administration v. Favish, 124 S.Ct. 1570 (2004).

Appellate Information

• Decided 08/17/2004
• Published 08/17/2004

Judges

• Before:  GINSBURG, Chief Judge, and HENDERSON and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Steven H. Goldblatt, appointed by the court, filed the motion to govern further proceedings for appellant.   With him on the motion was Cary Berkeley Kaye.


• For Appellees:
  
• W. Mark Nebeker, Assistant United States Attorney, filed the opposition for appellee.   With him on the opposition were Kenneth L. Wainstein, United States Attorney, and R. Craig Lawrence, Assistant United States Attorney.