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Morley v. CIA: JFK at issue in federal court next week


Douglas Caddy
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The JFK case went to court today on two fronts:

JFKcountercoup: Morley v. CIA in Court

Jeff wrote on Facebook:

The hearing at the DC Court of Appeals went very well this morning. Judge Harry Edwards, a liberal, was clearly sympathetic to my case. Judge Stephen Williams, a conservative, was skeptical, though less vocally. Judge Brett Kavanagh, also conservative, didn't say much. I'll have a more detailed take on JFK Facts later today but for now I'm relieved its over. And I likes my chances!

Jeff promised to update us when he gets the chance at:

JFKfacts - Memory / Truth / Meaning

Anonymous report from someone who was there:

I attended oral argument this morning in the US Court of Appeals, D.C. Circuit on the Morley v. CIA case where the issue was whether the district judge abused his discretion in denying attorneys fees. During the government's argument Judge Edwards gave a strong defense of FOIA researchers and awarding attorneys fees. He said it is not for the government alone to determine whether a researcher should be interested in a topic or whether the topic is in the public interest. He said the test under court precedent is a topic/subject test rather than a content of documents test. It is irrelevant for the government to argue the documents released did not contain important information if the topic or subject was one of public interest- it is not possible for a researcher to know where the research will ultimately lead when beginning a project. Judge Edwards stated the district judge did not following circuit precedent in the case by not following Davy. Judges Kavanaugh and Williams remained silent and did not defend the government on this. Judge Williams had some negative-sounding questions for Jim Lesar during plaintiff's argument. J. Edwards was so strong on his points that it gave some hope he might carry the day with his colleagues, or if not it would be a split decision.

There was also a reporter there who talked with Jeff, but I don't know who or who they represented.

Also see Holland takes NARA to Court over RFK records.

JFKcountercoup: Holland v. NARA over RFK Papers

More to come on both cases.

Edited by William Kelly
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