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AMERICAN CIVIL LIBERTIES v. U.S. DEPT. OF JUSTICE

No. 13-5064.

750 F.3d 927 (2014)

AMERICAN CIVIL LIBERTIES UNION and American Civil Liberties Union Foundation, Appellants v. UNITED STATES DEPARTMENT OF JUSTICE, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 9, 2014.

Attorney(s) appearing for the Case

Arthur B. Spitzer argued the cause for appellants. With him on the briefs were Catherine Crump and David L. Sobel.

John S. Koppel , Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Stuart F. Delery , Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, and Leonard Schaitman , Attorney.

Dissenting opinion filed by Circuit Judge BROWN.

TATEL, Circuit Judge:

Three years ago, in American Civil Liberties Union v. U.S. Department of Justice, 655 F.3d 1 (D.C.Cir.2011) (ACLU I), this court held that the Freedom of Information Act required the Justice Department to disclose case names and docket numbers for prosecutions in which the government had obtained cellular phone tracking data without a warrant and the defendant had ultimately been convicted. The...

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