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POULSEN v. DEPT. OF DEFENSE

No. 19-16430.

994 F.3d 1046 (2021)

Kevin POULSEN, Plaintiff-Appellant, v. DEPARTMENT OF DEFENSE; Office of the Director of National Intelligence; United States Department of Justice, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 16, 2021.

Attorney(s) appearing for the Case

W. Gordon Kaupp (argued) and Beth Feinberg , Kaupp & Feinberg LLP, San Francisco, California; Colleen Flynn , Los Angeles, California; for Plaintiff-Appellant.

Leif Overvold (argued) and Charles W. Scarborough , Appellate Staff; David L. Anderson , United States Attorney; Ethan P. Davis , Principal Deputy Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellees.

Dissent by Judge Eaton.

OPINION

Kevin Poulsen appeals the district court's denial of his motion for attorney fees in this Freedom of Information Act ("FOIA") lawsuit against the Department of Justice ("DOJ"). Poulsen initially submitted a FOIA request for records related to the alleged electronic surveillance of President Trump and his...

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