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SCHAERR v. U.S. DEPT. OF JUSTICE

No. 21-5165.

69 F.4th 924 (2023)

Gene Clayton SCHAERR, Appellant v. UNITED STATES DEPARTMENT OF JUSTICE, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 9, 2023.

Attorney(s) appearing for the Case

Gene C. Schaerr argued the cause for appellant. With him on the briefs were Scott D. Goodwin , Brian J. Field , and Joshua J. Prince .

Thomas Pulham , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Brian M. Boynton , Principal Deputy Assistant Attorney General, and H. Thomas Byron, III , Attorney.

Before: Millett and Rao, Circuit Judges, and Tatel, Senior Circuit Judge.

Gene Schaerr filed Freedom of Information Act ("FOIA") requests with six intelligence agencies for any records about the unmasking of members of President Trump's campaign and transition team. Schaerr seeks to uncover what he alleges was inappropriate intelligence surveillance for political purposes. Declining to produce any...

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