Price v. U.S. DOJ Attorney Office, No. 15-5314 (D.C. Cir. 2017)Annotate this Case
The government may not deny a criminal defendant's request under the Freedom of Information Act (FOIA) for records related to his case on the ground that he waived his right to seek that information as part of a plea agreement. The D.C. Circuit held that the government failed to identify any legitimate criminal justice interest served by the waiver. In this case, the district court should have declined to enforce defendant's FOIA waiver on public-policy grounds. The court did not address defendant's alternative argument that some of the records he requested fell outside the scope of his waiver. Therefore, the court reversed the district court's order and remanded.