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Subject: Interesting...

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steveVa    Posted 08-30-2017 at 16:33:39 [URL] [DELETE]        [Reply] [No Email]  
  • Interesting...
  • I wonder how exactly they gauge public interest???

    Dean    Posted 08-31-2017 at 01:58:28 [URL] [DELETE]        [Reply] [No Email]  
  • Re: Interesting...
  • I saw that earlier today and wondered just what public interest had to do with anything.

    Dean

    TheOldHokie    Posted 08-31-2017 at 12:39:30 [URL] [DELETE]        [Reply] [No Email]  
  • Re: Interesting...
  • That doesn't sound very lawyerly. The statement has nothing to do with the general public's interest in seeing the information. I'm sure you realize "public interest" in this context means a demonstrable purpose that will serve the greater good of the public. That interest has to be balanced against the need to protect private/official personal information obtained in an investigation from indiscriminate disclosure. The FBI is saying the FOIA applicants have not demonstrated a public interest that warrants the release of the private information they collected. That is their call when evaluating a FOIA request. Disagreements on their decision will be settled in court.

    TOH

    Dean    Posted 08-31-2017 at 15:50:08 [URL] [DELETE]        [Reply] [No Email]  
  • Re: Interesting...
  • It is not "very lawyerly," but aside from a retired patent attorney, I am also a citizen, and I am very interested. I'm sure that tens of millions of other citizens are equally interested.

    Iz good ta be a dem....

    Dean

    Ed Gooding (VA)    Posted 08-31-2017 at 14:15:20 [URL] [DELETE]        [Reply] [Email]  
  • We'll look forward
  • to reading your Amicus Curiae brief on it....

    TheOldHokie    Posted 08-31-2017 at 15:30:04 [URL] [DELETE]        [Reply] [No Email]  
  • Re: We'll look forward
  • If it gets that far I doubt they will need my opinion. The basics are quite well established by precedent but I am sure a determined petitoner could get a hearing. The bar is pretty high however:

    Factoring in the Public Interest

    Once it has been determined that a personal privacy interest is threatened by a requested disclosure, the second step in the balancing process comes into play; this stage of the analysis requires an assessment of the public interest in disclosure. (119) The burden of establishing that disclosure would serve the public interest is on the requester. (120) And any asserted "public interest" in resolving mere allegations of wrongdoing cannot outweigh an individual's privacy interest in avoiding unwarranted association with such allegations. (142)
    Indeed, in Favish, the Supreme Court firmly held that mere allegations of wrongdoing are "insufficient" to satisfy the "public interest" standard required under the FOIA. (143) The Court observed that if "bare allegations" could be sufficient to satisfy the public interest requirement, then the exemption would be "transformed . . . into nothing more than a rule of pleading." (144) Indeed, if mere allegations were all that were necessary to override a personal privacy interest, then that privacy interest would become worthless. (145)

    Moreover, even when the existence of an investigation of misconduct has become publicly known, the accused individual ordinarily has an overriding privacy interest in not having the further details of the matter disclosed. (146) And even where misconduct actually is found, the agency is not necessarily required to disclose every piece of information pertaining to the investigation. (147)

    The response from Ty Clevanger, a lawyer experienced in dealing with FOIA requests and privacy issues, is laughable...

    “Frankly, I am stunned I should have to explain why my request pertains to a matter of public interest,” Clevenger wrote in an Aug. 11 letter to the FBI.

    TOH

    Ed Gooding (VA)    Posted 08-31-2017 at 16:40:54 [URL] [DELETE]        [Reply] [Email]  
  • What an interesting coincidence
  • I never felt compelled to follow your snide suggestion about doing that when Virginia's Gov. McAwful blanket-pardoned all the felons in Virginia, hoping they would vote for your girl Hillary, for the same reason. I was confident that our State Supreme Court would overrule the former bag man for the Clintons and of course the Court did.

    We'll see how the FBI issue plays out....

    steveVa    Posted 08-31-2017 at 12:20:04 [URL] [DELETE]        [Reply] [No Email]  
  • Re: Interesting...
  • Sounds like the old "nothing to see here" just move on and pay no attention to all your laws being broken...

    John in Mich    Posted 08-30-2017 at 16:45:13 [URL] [DELETE]        [Reply] [No Email]  
  • Re: Interesting...
  • If the Clintons can walk away from a trail of murders, this is a piece of cake.

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