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AMERICAN CIVIL LIBERTIES UNION v. HOLDER

No. 09-2086.

673 F.3d 245 (2011)

AMERICAN CIVIL LIBERTIES UNION; OMB Watch; Government Accountability Project, Plaintiffs-Appellants, v. Eric H. HOLDER, Jr., in his official capacity as Attorney General of the United States; Fernando Galindo, in his official capacity as Clerk of the Court in the United States District Court, Eastern District of Virginia, Defendants-Appellees. Taxpayers Against Fraud Education Fund, Amicus Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 28, 2011.

Attorney(s) appearing for the Case

ARGUED: Christopher A. Hansen , American Civil Liberties Union, New York, New York, for Appellants. Eric Fleisig-Greene , United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Ben Wizner , Benjamin Sahl , American Civil Liberties Union Foundation, New York, New York; Rebecca K. Glenberg , American Civil Liberties Union of Virginia Foundation, Inc., Richmond, Virginia, for Appellants. Tony West , Assistant Attorney General, Douglas N. Letter , United States Department of Justice, Washington, D.C.; Neil H. Mac-Bride , United States Attorney, Alexandria, Virginia, for Appellees. J. Mark Vezina , Vezina & Gattuso, LLC, Gretna, Louisiana; Joseph E. B. White , Cleveland Lawrence, III , Taxpayers Against Fraud Education Fund, Washington, D.C.; Zachary A. Kitts , Cook & Kitts, PLLC, Fairfax, Virginia, for Amicus Supporting Appellees.

Affirmed by published opinion. Judge DEVER wrote the majority opinion, in which Judge KEENAN joined. Judge GREGORY wrote a dissenting opinion.

OPINION

DEVER, District Judge:

From 1860 to 1863, the federal budget grew dramatically due to spending associated with the Civil War. Sadly, some unscrupulous people viewed the growing federal budget as a font to be plundered. Congress held hearings and learned that federal treasure had been spent on decrepit horses and mules, weapons that would not fire, rancid rations, and phantom supplies. In response, in 1863...

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