United States DC Circuit

Dismissal of FOIA complaint by author, seeking release of four audiotapes recorded more than twenty-five years ago during an FBI corruption investigation in Louisiana, is reversed where the FBI has not made a reasonable effort to ascertain whether the two speakers on the tapes, on whose behalf it has invoked a privacy exemption from FOIA, are living or dead.

Appellate Information

• Argued 02/13/2006
• Decided 08/22/2006
• Published 08/22/2006

Judges

• Before:  RANDOLPH and GARLAND, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• James H. Lesar argued the cause and filed the briefs for appellant.


• For Appellees:
  
• Heather Graham-Oliver, Assistant U.S. Attorney, argued the cause for appellee.   With her on the brief were Kenneth L. Wainstein, U.S. Attorney, and Michael J. Ryan, Assistant U.S. Attorney.  R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.