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COMMONWEALTH OF PUERTO RICO v. U.S.

No. 06-2449.

490 F.3d 50 (2007)

COMMONWEALTH OF PUERTO RICO, Plaintiff, Appellant, v. UNITED STATES of America; Alberto R. Gonzales, Attorney General; Robert Mueller, Director of the FBI; Rosa Emilia Rodriguez-Vélez, U.S. Attorney for the District of Puerto Rico; and Luis S. Fraticelli, Special Agent in Charge of the FBI in Puerto Rico, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 15, 2007.

Attorney(s) appearing for the Case

Salvador J. Antonetti-Stutts, Solicitor General, with whom Roberto J. Sánchez-Rámos, Secretary of Justice, Kenneth Pamias-Velázquez, Special Aide to the Secretary of Justice, Jorge R. Roig-Colón, Assistant Secretary of Justice, and Hiram A. Meléndez-Juarbe, Legal Advisor to the Secretary of Justice, were on brief, for appellant.

Mark B. Stern, Civil Division, Department of Justice, with whom Peter D. Keisler, Assistant Attorney General, Rosa Emilia Rodriguez-Vélez, U.S. Attorney, Jonathan F. Cohn, Deputy Assistant Attorney General, and Alisa B. Klein, Civil Division, Department of Justice, were on brief, for appellees.

Before BOUDIN, Chief Circuit Judge, LIPEZ, Circuit Judge, and SHADUR, Senior District Judge.

LIPEZ, Circuit Judge.

This case presents a novel question: does the Commonwealth of Puerto Rico have a nonstatutory cause of action, grounded in its sovereign authority under the Constitution, to obtain information from the Federal Bureau of Investigation ("FBI") in connection with a criminal investigation into the activities of FBI employees? We conclude that it does not. Instead, under the circumstances of this case, Puerto Rico must pursue the information it seeks...

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