Bloomberg Law’s combination of innovative analytics, research tools and practical guidance provides you with everything you need to be a successful litigator.
Parts of the government's internal criminal discovery handbook may be open for inspection by defense attorneys, the U.S. Court of Appeals for the District of Columbia Circuit said Dec. 20 ( N.A. of Criminal Def. Lawyers v. U.S. Dep’t of Justice Exec. Office for U.S. Attorneys , 2016 BL 422313, D.C. Cir., No. 15-5051, 12/20/16 ).
In a July ruling, the court held that the Department of Justice could keep the Federal Criminal Discovery Blue Book secret under Exemption 5 to the Freedom of Information Act, which permits the government to withhold FOIA-responsive documents that would be privileged in a civil litigation.
The FCD Blue Book is generally a privileged work product, but it may contain non-exempt policy statements that may be reasonably segregated, the court said in its order amending the earlier ruling.
The case was remanded to the district court to determine whether there are logically divisible sections of non-exempt material. If so, then it must consider whether they fall under FOIA Exemption 7(E), which applies to guidelines for law enforcement investigations or prosecutions that could be used to circumvent the law.
The per curiam amendment stemmed from the National Association of Criminal Defense Lawyers’ petition for panel rehearing, which the court denied.
Judges Sri Srinivasan, David B. Sentelle and Harry T. Edwards were on the panel.
Jones Day represented the NACDL. DOJ attorneys represented the government.
To contact the reporter on this story: Bernie Pazanowski in Washington at firstname.lastname@example.org
To contact the editor responsible for this story: Jessie Kokrda Kamens at email@example.com
Full text at http://src.bna.com/kTW.
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)