JUDICIAL WATCH, INC., Appellant,
v.
DEPARTMENT OF JUSTICE, Appellee.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 22, 2004.
Decided May 7, 2004.
Attorney(s) appearing for the Case
Paul J. Orfanedes argued the cause and filed the briefs for appellant.
Michael E. Tankersley was on the brief for amicus curiae George Lardner in support of appellant.
Mark B. Stern, Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, Roscoe C. Howard, Jr., U.S. Attorney, Gregory G. Katsas, Deputy Assistant Attorney General, and Michael S. Raab, Attorney.
Before: HENDERSON, RANDOLPH and ROGERS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Dissenting opinion filed by Circuit Judge RANDOLPH.
ROGERS, Circuit Judge:
In In re Sealed Case,121 F.3d 729 (D.C.Cir.1997), the court, in considering a grand jury subpoena for White House documents relating to an investigation of the former Secretary of Agriculture, reviewed the history of the executive privilege doctrine, and the nature and principles underlying two privileges falling within that doctrine. We apply...
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