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CITIZENS FOR RESPONSIBILITY v. FED. ELECTION COM'N

No. 12-5004.

711 F.3d 180 (2013)

CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, Appellant v. FEDERAL ELECTION COMMISSION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 2, 2013.

Attorney(s) appearing for the Case

Anne L. Weismann argued the cause for appellant. With her on the briefs was Melanie Sloan.

Julie A. Murray and Adina H. Rosenbaum were on the brief for amici curiae Public Citizen, et al. in support of appellant.

Steve Hajjar, Attorney, Federal Election Commission, argued the cause for appellee. With him on the brief were Anthony Herman, General Counsel, and David Kolker, Associate General Counsel. Sarang V. Damle and Michael S. Raab, Attorneys, U.S. Department of Justice, entered appearances.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

This case presents an important question of procedure under the Freedom of Information Act: When must a FOIA requester exhaust administrative appeal remedies before suing in federal district court to challenge an agency's failure to produce requested documents?

As a general matter, a FOIA requester must exhaust administrative appeal remedies before seeking judicial redress. But if an agency does not adhere to certain statutory timelines...

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