Islamic Shura Council, et al v. FBI, et al, No. 09-56035 (9th Cir. 2011)
Annotate this CaseThe government brought an interlocutory appeal challenging the district court's sealed, ex parte order ("Sealed Order") containing the district court's decision to make all of its contents public. At issue was whether the sealed order should be made public under the Freedom of Information Act ("FOIA") when the government withheld the documents at issue from the district court and therefore misled the district court into believing that the government had complied with all its statutory obligations under FOIA. The court held that poor litigation strategy by the government was not an independent basis to make information public and that plaintiffs and plaintiffs' counsel were not permitted to see the Sealed Order where full disclosure of the Sealed Order would compromise the authorized secrecy from plaintiffs of some of the information it contained.
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