Posted 09-02-2017 at 13:05:56 [URL] [DELETE]
[Reply] [No Email] |
Re: Rule of law trumps "lack of public interest"
Ed - you need to read for content and understanding. This decision has nothing to do with the FBI's refusal to comply with Ty Clevengers's FOIA request that was refused on "insufficient public interest" grounds:
On Aug. 8, the FBI responded to Clevenger's FOIA request:
“If you seek disclosure of any existing records on this basis, you must demonstrate that the public interest in disclosure outweighs personal privacy interests,” the letter stated. “In this regard, you must show that the public interest sought is a significant one, and that the requested information is likely to advance that interest.”
Boasberg’s order overrules objections made by the Trump administration with regard to a different FOIA request. The Trump administration had previously claimed that publicly releasing the requested documents would violate grand jury secrecy rules. The court found otherwise:
"Boasberg justified his ruling on the basis that the set of documents in question “rehashes information already made public, thus obviating any need for secrecy.”
Clevenger's request and the FBI's refusal are not affected by the Boasberg ruling. Clevenger still has to either provide a "public interest" justification sufficient to satisfy the FBI lawyers or file suit and provide one in court. He may well get the records he seeks but it won't be on the basis of this latest ruling. It will be after he has crossed all the "t"s and dotted all of the "i"s that the FOIA process requires.