49 Cited authorities

National Archives and Records Admin. v. Favish
541 U.S. 157 (2004) Cited 825 times
Holding that "[g]iven FOIA's pro-disclosure purpose," a less stringent standard whereby a requester need only "produce evidence that would warrant a belief by a reasonable person" "is more faithful to the statutory scheme" in some contexts
Nat'l Labor Relations Bd. v. Robbins Tire & Rubber Co.
437 U.S. 214 (1978) Cited 946 times 4 Legal Analyses
Holding that a FOIA requestor's rights are neither “diminished” nor “enhanced” in light of a “particular, litigation-generated need for these materials”
Federal Bureau of Investigation v. Abramson
456 U.S. 615 (1982) Cited 691 times
Holding that information originally gathered for law enforcement purposes by the FBI did not lose its status under Exemption 7 because it was placed in a different compilation for a political purpose by the White House
SafeCard Servs., Inc. v. SEC
926 F.2d 1197 (D.C. Cir. 1991) Cited 1,695 times
Holding that information in law enforcement records identifying private individuals is exempt from disclosure unless release is necessary to "confirm or refute compelling evidence that the agency is engaged in illegal activity"
Larson v. Department of State
565 F.3d 857 (D.C. Cir. 2009) Cited 596 times
Holding that information provided by CHS that could reveal the identity of intelligence source was properly withheld
Vaughn v. Rosen
484 F.2d 820 (D.C. Cir. 1973) Cited 1,963 times 1 Legal Analyses
Holding that an indexing system was necessary in FOIA cases to " assure that a party's right to information is not submerged beneath governmental obfuscation and mischaracterization, and permit the Court system effectively and efficiently to evaluate the factual nature of disputed information."
Iturralde v. Comptroller of Currency
315 F.3d 311 (D.C. Cir. 2003) Cited 536 times 1 Legal Analyses
Holding that "the failure of an agency to turn up one specific document in its search does not alone render a search inadequate"
Roth v. U.S. Department
642 F.3d 1161 (D.C. Cir. 2011) Cited 322 times
Holding that there is no need to consider Exemption 6 separately if information was "compiled for law enforcement purposes" because Exemption 7(c) constitutes broader protection, so any information falling under Exemption 6 is covered by Exemption 7(c)
Forsham v. Harris
445 U.S. 169 (1980) Cited 251 times 2 Legal Analyses
Holding Henry Kissinger's notes not agency files because, inter alia, they were "never entered the State Department's files"
Perry v. Block
684 F.2d 121 (D.C. Cir. 1982) Cited 763 times
Holding that an agency's confused, delayed, and disjointed response to a request for records was not "willful or deliberate in the sense demanded by the Privacy Act."
Section 552 - Public information; agency rules, opinions, orders, records, and proceedings
5 U.S.C. § 552 Cited 12,149 times 555 Legal Analyses
Holding that the Court's entering of a “Stipulation and Order” approving the parties' terms of dismissal did not amount to a “court-ordered consent decree” that would render the plaintiff the prevailing party
Section 1746 - Unsworn declarations under penalty of perjury
28 U.S.C. § 1746 Cited 9,989 times 17 Legal Analyses
Permitting the use of declarations instead
Section 853 - Criminal forfeitures
21 U.S.C. § 853 Cited 8,255 times 40 Legal Analyses
Adopting same standard as § 1963( l )
Section 981 - Civil forfeiture
18 U.S.C. § 981 Cited 3,693 times 33 Legal Analyses
Adopting 19 U.S.C. § 1602 et seq.
Section 982 - Criminal forfeiture
18 U.S.C. § 982 Cited 2,145 times 19 Legal Analyses
Allowing forfeiture as part of the court "imposing sentence on a person convicted of an offense"
Section 5317 - Search and forfeiture of monetary instruments
31 U.S.C. § 5317 Cited 401 times 4 Legal Analyses
Granting authority only to the Secretary of the Treasury to apply for a warrant under the statute, to customs officers for searches, and providing for criminal and civil forfeitures
Section 1960 - Prohibition of unlicensed money transmitting businesses
18 U.S.C. § 1960 Cited 298 times 44 Legal Analyses
Referring to "the transportation or transmission of funds that are known to the defendant to have been derived from a criminal offense or are intended to be used to promote or support unlawful activity"
Section 5332 - Bulk cash smuggling into or out of the United States
31 U.S.C. § 5332 Cited 200 times
Omitting any requirement that the funds be unlawfully derived
Section 3322 - Disclosure of certain matters occurring before grand jury
18 U.S.C. § 3322 Cited 30 times 3 Legal Analyses
Allowing disclosure of grand jury information to "an attorney for the government ... for use in connection with any civil forfeiture provision of federal law"

Institute For Justice v. Internal Revenue Service

49 Cited authorities

Holding that "[g]iven FOIA's pro-disclosure purpose," a less stringent standard whereby a requester need only "produce evidence that would warrant a belief by a reasonable person" "is more faithful to the statutory scheme" in some contexts

Holding that a FOIA requestor's rights are neither “diminished” nor “enhanced” in light of a “particular, litigation-generated need for these materials”

Holding that information originally gathered for law enforcement purposes by the FBI did not lose its status under Exemption 7 because it was placed in a different compilation for a political purpose by the White House

Holding that information in law enforcement records identifying private individuals is exempt from disclosure unless release is necessary to "confirm or refute compelling evidence that the agency is engaged in illegal activity"

Holding that information provided by CHS that could reveal the identity of intelligence source was properly withheld

Holding that an indexing system was necessary in FOIA cases to " assure that a party's right to information is not submerged beneath governmental obfuscation and mischaracterization, and permit the Court system effectively and efficiently to evaluate the factual nature of disputed information."

Holding that "the failure of an agency to turn up one specific document in its search does not alone render a search inadequate"

Holding that there is no need to consider Exemption 6 separately if information was "compiled for law enforcement purposes" because Exemption 7(c) constitutes broader protection, so any information falling under Exemption 6 is covered by Exemption 7(c)

Holding Henry Kissinger's notes not agency files because, inter alia, they were "never entered the State Department's files"

Holding that an agency's confused, delayed, and disjointed response to a request for records was not "willful or deliberate in the sense demanded by the Privacy Act."

Holding that the Court's entering of a “Stipulation and Order” approving the parties' terms of dismissal did not amount to a “court-ordered consent decree” that would render the plaintiff the prevailing party

Permitting the use of declarations instead

Adopting same standard as § 1963( l )

Adopting 19 U.S.C. § 1602 et seq.

Allowing forfeiture as part of the court "imposing sentence on a person convicted of an offense"

Granting authority only to the Secretary of the Treasury to apply for a warrant under the statute, to customs officers for searches, and providing for criminal and civil forfeitures

Referring to "the transportation or transmission of funds that are known to the defendant to have been derived from a criminal offense or are intended to be used to promote or support unlawful activity"

Omitting any requirement that the funds be unlawfully derived

Allowing disclosure of grand jury information to "an attorney for the government ... for use in connection with any civil forfeiture provision of federal law"