Saturday, July 12, 2008

Ruling on Release of Secret Service Records Found Not Yet Appealable

Yesterday, in a case seeking release of White House visitor records, the D.C. Circuit Court of Appeals held that a district court order issued last December is neither an appealable final order, nor is it an appealable interlocutory order. In Citizens for Responsibility and Ethics in Washington v. U.S. Department of Homeland Security, (D DC, July 11, 2008), the court held the lower court's determination that Secret Service visitor logs are "agency records" under the Freedom of Information Act does not end the case because the government can still assert that various exemptions are applicable. At issue is an attempt by Citizens for Responsibility and Ethics in Washington to learn how often nine prominent conservative Christian leaders visited the White House or the Vice President’s office. AP reports on the decision. (See prior related posting).