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IN RE PETITION FOR ORDER DIRECTING RELEASE

No. 20-1836.

27 F.4th 84 (2022)

IN RE: PETITION FOR ORDER DIRECTING RELEASE OF RECORDS. Jill Lepore, Petitioner, Appellee, v. United States of America, Respondent, Appellant.

United States Court of Appeals, First Circuit.

February 28, 2022.

Attorney(s) appearing for the Case

Brad Hinshelwood , Attorney, Civil Division, with whom Jeffrey Bossert Clark , Acting Assistant Attorney General, Andrew E. Lelling , United States Attorney, and Michael S. Raab , Attorney, Civil Division, were on brief, for Appellant.

Jacob M. Schriner-Briggs ,** with whom Charles Crain , Media Freedom & Information Access Clinic, Abrams Institute, Yale Law School, Jonathan M. Albano , Noah J. Kaufman , and Morgan Lewis & Bockius LLP were on brief, for Appellee.

Bruce D. Brown , Katie Townsend , Lin Weeks , and Reporters Committee for Freedom of the Press on brief for Reporters Committee for Freedom of the Press and 39 Media Organizations, amici curiae.

Scott L. Nelson , Allison M. Zieve , and Public Citizen Litigation Group on brief for American Historical Association, American Society for Legal History, National Security Archive, Organization of American Historians, and Society of American Archivists, amici curiae.

Before Lynch and Kayatta, Circuit Judges, and Laplante, District Judge.

This case traces its origins to grand juries empaneled in 1971 to consider possible criminal charges arising out of the publication of excerpts from the so-called Pentagon Papers, a government study of the Vietnam War. At the request of historian Jill Lepore, the district court ordered the release of sealed archival records...

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