Colbert's Law Suit
Galen sent his thoughts on Colbert's recent law suit against the FBI.
Check out this story. I sued the FBI/DOJ in Federal Court in 2004. Got all the way in front of chief federal judge in Seattle, with motion granted for "in camera" review by the Court. I used the "dormancy argument," against US DOJ attorneys. But I lost on the "7(a) Exemption" rule. The chief federal judge was amused and enjoyed the suit (and the evidence), and even stated as much in his opinion. After the suit was dismissed, the FBI invited me into their Seattle FO for review of evidence. Doubt this will happen to Colbert and his attorney, though. Since all files have been forwarded to WA DC Headquarters, the DOJ will still use the 7(a) exemption standard for "open cases," even though FBI says they officially closed this case. This is a murky area under FOIA, but I don't think Zaid will prevail. The FBI doesn't like to be sued by the public. My later approach towards FBI worked MUCH better and I was invited into their FO.
GC