MARTIN v. DEPARTMENT OF JUSTICE

Nos. 05-5207, 06-5048.

488 F.3d 446 (2007)

Harold MARTIN, Appellant v. DEPARTMENT OF JUSTICE, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 1, 2007.


Attorney(s) appearing for the Case

Edwin E. Huddleson, III, argued the cause and filed the briefs for appellants.

Alan Burch, Assistant U.S. Attorney, argued the cause for appellee United States Department of Justice, et al. On the brief were Jeffrey A. Taylor, U.S. Attorney, and R. Craig Lawrence and Kathleen M. Konopka, Assistant U.S. Attorneys. Claire M. Whitaker and Michael J. Ryan, Assistant U.S. Attorneys, entered appearances.

Richard J. Osterman, Jr., Assistant General Counsel, Federal Deposit Insurance Corporation, and Lawrence H. Richmond and Kathleen V. Gunning, Counsel, were on the brief for appellee Federal Deposit Insurance Corporation. Colleen J. Boles, Senior Counsel, and Jack D. Smith, Jr. and Jaclyn C. Taner, Counsel, entered appearances.

Norman J. Chachkin, Michael S. Fried, and Arthur B. Spitzer were on the brief for amici curiae American Civil Liberties Union of the National Capital Area, et al. in support of appellants.

Before: ROGERS, BROWN and GRIFFITH, Circuit Judges.


Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge.

We review this consolidated appeal after ten years of litigation during which appellants Harold Martin and the National Association of Criminal Defense Lawyers, Inc. (the "NACDL") have repeatedly attempted to use the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, to obtain government documents that they allege were wrongfully withheld under Brady v. Maryland,...

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