CENTER FOR NAT. SEC. STUDIES v. DEPT. OF JUSTICE

Nos. 02-5254 & 02-5300.

331 F.3d 918 (2003)

CENTER FOR NATIONAL SECURITY STUDIES, et al., Appellees/Cross-Appellants, v. U.S. DEPARTMENT OF JUSTICE, Appellant/Cross-Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 17, 2003.


Attorney(s) appearing for the Case

Gregory G. Katsas, Deputy Assistant Attorney General, argued the cause for appellant/cross-appellee. With him on the briefs were Roscoe C. Howard, Jr., U.S. Attorney, Mark B. Stern, Robert M. Loeb, and Eric D. Miller, Attorneys, U.S. Department of Justice.

Daniel J. Popeo and Paul D. Kamenar were on the brief for amici curiae Washington Legal Foundation and the Jewish Institute for National Security Affairs in support of appellant urging partial reversal and cross-appellee urging partial affirmance.

Kate A. Martin argued the cause for appellees/cross-appellants. With her on the briefs were David L. Sobel, Elliot M. Mincberg, Arthur B. Spitzer, Steven R. Shapiro, and Lucas Guttentag.

Laura R. Handman, Eric N. Lieberman, Henry S. Hoberman, Nathan E. Siegel, Richard M. Schmidt, Jr., Slade R. Metcalf, David E. McCraw, Rene Milam, Bruce W. Sanford and Robert D. Lystad were on the brief for amici curiae The Washington Post Company, et al., in support of appellees/cross-appellants.

Before: SENTELLE, HENDERSON and TATEL, Circuit Judges.


Opinion for the Court filed by Circuit Judge SENTELLE.

Dissenting opinion filed by Circuit Judge TATEL.

SENTELLE, Circuit Judge:

Various "public interest" groups (plaintiffs) brought this Freedom of Information Act (FOIA) action against the Department of Justice (DOJ or government) seeking release of information concerning persons detained in the wake of the September 11 terrorist attacks, including: their names, their attorneys, dates of arrest and...

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