United States DC Circuit

In a Freedom of Information Act (FOIA) action in which plaintiff sought the release of amnesty agreements entered into by the Antitrust Division of the Department of Justice, summary judgment for the government is vacated and remanded where: 1) only two of the six FOIA exemptions relied upon by the government to withhold the requested documents were applicable; and 2) the government did not establish that there were no reasonably segregable portions of the documents required to be released.

Appellate Information

• Argued 04/21/2008
• Decided 07/25/2008
• Published 07/25/2008

Judges

• Before:  SENTELLE, Chief Judge, TATEL and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• J. Mark Gidley argued the cause for appellant.   With him on the briefs was Lucius B. Lau. Christopher M. Curran entered an appearance.


• For Appellees:
  
• Alisa B. Klein, Attorney, U.S. Department of Justice, argued the cause for appellee.   With her on the brief were Thomas O. Barnett, Assistant Attorney General, Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, Jonathan F. Cohn, Deputy Assistant Attorney General, and Mark B. Stern, Attorney. Charlotte A. Abel and R. Craig Lawrence, Assistant U.S. Attorneys, entered appearances.