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COTTONE v. RENO

No. 98-5497.

193 F.3d 550 (1999)

Salvatore COTTONE, Appellant, v. Janet RENO, Attorney General of the United States Department of Justice, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided October 26, 1999.

Attorney(s) appearing for the Case

Edwin E. Huddleson, III, pro bono counsel, argued the cause and filed the briefs for appellant.

David T. Smorodin, Assistant United States Attorney, argued the cause for appellee. With him on the brief were Wilma A. Lewis, United States Attorney, and R. Craig Lawrence, Assistant United States Attorney.

Before: EDWARDS, Chief Judge, WALD and WILLIAMS, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

The principal question in this case is whether wiretapped recordings, otherwise exempt from disclosure under the Freedom of Information Act ("FOIA"), must nevertheless be released when a requester precisely identifies specific tapes that have been introduced into evidence and played in open court during a public criminal trial. We hold that unless the government can rebut such a specific...

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