NATIONAL ASSN OF CRIM. DEFENSE LAWYERS v. U.S. DOJ

No. 15-5051.

829 F.3d 741 (2016)

NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, Appellant v. UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS and United States Department of Justice, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 19, 2016.


Attorney(s) appearing for the Case

Yaakov M. Roth argued the cause for appellant. With him on the briefs were Kerri L. Ruttenberg and Julia Fong Sheketoff , Washington, DC.

Jason W. Burge , Alysson L. Mills , and Jesse C. Stewart , New Orleans, LA, were on the brief for amici curiae Sixty-three law professors in support of appellant.

John D. Cline was on the brief for amici curiae American Civil Liberties Union, et al. in support of appellant.

Timothy P. O'Toole and Addy Schmitt , Washington, DC, were on the brief for amici curiae The Constitution Project and The Innocence Project in support of appellant.

Lewis Yelin , Washington, DC, argued the cause for appellees. With him on the brief were Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Vincent H. Cohen, Jr. , Acting U.S. Attorney, and Leonard Schaitman , Washington, DC, Attorney.

Concurring opinion filed by Senior Circuit Judge SENTELLE, with whom Senior Circuit Judge EDWARDS joins.


The National Association of Criminal Defense Lawyers submitted a request under the Freedom of Information Act to obtain an internal Department of Justice publication known as the Federal Criminal Discovery Blue Book. The Blue Book is a manual created by the Department to guide federal prosecutors in the practice of discovery...

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