CABLE NEWS NETWORK v. FED. BUREAU OF INVESTIGATION

No. 19-5278.

984 F.3d 114 (2021)

CABLE NEWS NETWORK, INC., Appellee v. FEDERAL BUREAU OF INVESTIGATION, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 8, 2021.


Attorney(s) appearing for the Case

Thomas Pulham , Attorney, U.S. Department of Justice, argued the cause for appellant. With him on the briefs was Sharon Swingle , Attorney. Joseph H. Hunt , Assistant Attorney General, entered an appearance.

Charles D. Tobin , Washington, DC, argued the cause for appellee. With him on the brief were Matthew E. Kelley and Maxwell S. Mishkin , Washington, DC.

Bruce D. Brown and Katie Townsend were on the brief for amicus curiae Reporters Committee for Freedom of the Press, et al. in support of appellee. Caitlin Vogus and Daniel J. Jeon entered appearances.

Before: Garland, Millett, and Walker, Circuit Judges.


CNN sued the FBI under the Freedom of Information Act for access to memos that former FBI Director James Comey wrote. The FBI responded by filing a redacted declaration by Deputy Assistant Director David Archey explaining why it redacted the Comey Memos. Later, after the FBI disclosed most of the Comey Memos, the district...

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