Tuesday, May 09, 2006

[political-researchp] Bloglines - Flight77.info Updates Status of FOIA Request

Bloglines user bill.giltner@gmail.com has sent this item to you.

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Flight77.info Updates Status of FOIA Request

By dz

the new order has arrived. the judge in our case wrote a 2 page order (posted to the right). by the 26th of may the govt must respond why their argument for not releasing the CD ROM of the impact isn't moot.

my attorney says this is a good sign. i'm optimistic.

Here is a quick transcript I typed up:
Plaintiff in this FOIA case seeks disclosure of certain videotapes, believed by plaintiff to be in the FBI's possession, depicting the impact of Flight 77 on the Pentagon during the terrorist attacks on September 11, 2001. Defendants have filed a motion for summary judgment in which they raise two arguments: First, that defendants conducted an adequate search for responsive documents; and second, that the FBI properly withheld responsive material under FOIA exemption 7(A) because "the material at issue is law enforcement evidence expected to be used during the continuing criminal prosecution of Zacarias Moussaoui" in connection with the September 11 attacks, so that public disclosure of it "could reasonably be expected to interfere" with those proceedings. According to defendant's motion, "[t]he information should not be released until the risk to the Moussaoui prosecution has passed."

The criminal proceedings against Mr. Moussaoui have for all relevant purposes concluded, as Mr. Moussaoui has pled guilty to numerous criminal conspiracy counts, for which convictions he was sentenced to six terms of life imprisonment without the possibility of release on May 4, 2006. See United States v. Moussaoui, Criminal No. 01-455 (E.D. Va. May 4, 2006). In view of these events it is hereby

ORDERED that defendants shall show cause on or before May 26, 2006, why their motion for summary judgment should not be denied as moot, insofar as it argues for the withholding of responsive material under FOIA exemption 7(A).


United States District Judge

For others who may have had their FOIA requests denied due to Moussaoui's trial - now is the time to re-file.

Thanks huh for the heads up!

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