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CINCINNATI ENQUIRER v. DEPT. OF JUSTICE

No. 21-3966.

45 F.4th 929 (2022)

CINCINNATI ENQUIRER, a division of Gannett GP Media, Inc., Plaintiff-Appellant, v. DEPARTMENT OF JUSTICE; Drug Enforcement Administration, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 15, 2022.

Attorney(s) appearing for the Case

ARGUED: John C. Greiner , GRAYDON HEAD & RITCHEY, LLP, Cincinnati, Ohio, for Appellant. Kevin Koller , UNITED STATES ATTORNEY'S OFFICE, Cincinnati, Ohio, for Appellee. ON BRIEF: John C. Greiner , J. Stephen Smith , Darren W. Ford , Frank M. Schultz , GRAYDON HEAD & RITCHEY, LLP, Cincinnati, Ohio, for Appellant. Kevin Koller , UNITED STATES ATTORNEY'S OFFICE, Cincinnati, Ohio, for Appellee.

GRIFFIN, J., delivered the opinion of the court in which BOGGS, J., joined. MOORE, J. (pp. 938-40), delivered a separate dissenting opinion.

OPINION

The Cincinnati Enquirer sued the Department of Justice ("DOJ") and the Drug Enforcement Administration ("DEA") under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, seeking documents related to a United States Attorney's decision not to charge a state prosecutor with obstruction of justice...

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