No. 09-5428.

642 F.3d 1161 (2011)

Anthony C. ROTH, on behalf of Lester L. Bower, Jr., Appellant v. UNITED STATES DEPARTMENT OF JUSTICE, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 28, 2011.

Attorney(s) appearing for the Case

Peter Buscemi argued the cause for appellant. With him on the briefs were Grace E. Speights and Anthony C. Roth.

Rhonda C. Fields , Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Ronald C. Machen, Jr. , U.S. Attorney, and R. Craig Lawrence , Assistant U.S. Attorney.

Opinion concurring in part and dissenting in part filed by Circuit Judge KAVANAUGH.

TATEL, Circuit Judge:

In this Freedom of Information Act case, a Texas death-row inmate seeks information from the Federal Bureau of Investigation that he alleges might corroborate his claim that four other men actually committed the quadruple homicide for which he was convicted. The FBI provided a so-called Glomar response, neither confirming nor denying whether it has records regarding three of the four men (the fourth has died). The FBI defends this response...

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