Pending Litigation

FOI Exemption: "Investigatory records compiled for law-enforcement purposes," are considered exempt, "only to the extent that the production of such records would...Deprive a person of a right to a fair trial or an impartial adjudication."

AG defense of proposed amendments misses mark

  In a letter to the editor published in The Washington Post Tuesday, D.C. Attorney General Irvin Nathan attempted to defend the Gray administration’s proposed Freedom of Information Act amendments by likening FOI Act requests to broad government subpoenas aimed at the newspaper or private citizens.

  He asked, “How would The Post, or any citizen, react if the government could subpoena all of its records, no matter how voluminous, without giving a reason; demand that they be produced in a matter of days; and leave the courts powerless to get any explanation for the demand, to place any substantive limits on it or even to extend the time for response?” Read more »

Post criticizes FOIA amendments

In a June 30, 2012 editorial, the Washington Post came down on Mayor Vincent Gray's proposed amendments to the DC FOIA which would weaken the law. Specifically, the Post points to provisions that would broaden exemptions to the law without justification. "If there’s been any problem with the city’s FOIA laws, it is not that records are being disclosed that shouldn’t be," the editorial states. The D.C. Read more »

MPD 4/30/08

MPD privacy & investigatory records & pending litigation, affirmed as requested records fall within those exemptions

DOC 6/24/09

DOC pending litigation, affirmed as disclosure of records would enlarge appellant's discovery rights

MPD 7/20/09

MPD privacy and statutory prohibition, affirmed as records relate to pending litigation

FEMS 12/17/08

FEMS privacy and prohibited by statute and pending litigation, remanded to agency to release records within 5 days

DDOT & OCFO 10/16/08

DDOT no such records, OCFO pending litigation & law enforcement, DDOT dismissed as agency appropriately redirected request, OCFO law enforcement claim overturned but agency appropriately withheld records under pending litigation

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