The Champion

January-February 2017 , Page 14 

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NACDL News: DC Circuit Denies Rehearing and En Banc Review, Modifies Opinion and Remands in NACDL Suit Seeking Disclosure of Federal Criminal Discovery Blue Book

By Ivan J. Dominguez and Ezra Dunkle-Polier

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On Dec. 20, 2016, the U.S. Court of Appeals for the D.C. Circuit denied NACDL’s petition both for a rehearing and en banc review following the July 19, 2016, decision of a three-judge panel of that court in National Association of Criminal Defense Lawyers v. U.S. Department of Justice Executive Office for United States Attorneys and U.S. Department of Justice. The July 19 decision upheld the lower court’s and the U.S. Department of Justice’s (DOJ) denial of NACDL’s Freedom of Information Act request that DOJ release to the public its Federal Criminal Discovery Blue Book, finding that the Blue Book is attorney work product prepared to protect DOJ from litigation and therefore is protected from disclosure. That said, the three-judge panel did modify their July 19 opinion so that an amended opinion now calls for the matter to be remanded to the district court “for an assessment of whether the Blue Book also contains non-exempt policy statements amenable to reasonable segregat

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  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
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