Morley v. DOJ, No. 03-2545, 2014 WL 3640769 (D.D.C. July 23, 2014) (Leon, J.)

Morley v. DOJ, No. 03-2545, 2014 WL 3640769 (D.D.C. July 23, 2014) (Leon, J.)

Re: Request for records concerning assassination of President John F. Kennedy

Disposition: Denying plaintiff's motion for attorney's fees and costs

• Attorney Fees:  The court holds that "plaintiff's Renewed Motion for Attorney's Fees and Costs is [denied]."  The court explains that "[t]he Circuit [court] vacated and remanded with instructions to 'apply the four-factor standard in a manner consistent with Davy [v. CIA, 550 F.3d 1155 (D.C.Cir.2008)].'"  The court finds that "[t]he public benefit factor requires more than speculation of an unknown potential future benefit" and that "[p]laintiff has not provided the Court with anything beyond conjecture in arguing [the] relevance and importance [of the documents at issue]."  The court first notes that "[t]he CIA agrees that the released records identical to the ones transferred to NARA are 'unquestionably [Kennedy] assassination-related' and 'ordinarily would give rise to public benefit.'"  However, the court finds that "these documents already were in the public domain and available for consumption at the National Archives."  The court then notes that "[t]he CIA does not dispute that [] four records convey newly-released information not already in the public domain," but the court holds that "nothing other than pure speculation connects any of it to the Kennedy assassination."  Finally, the court finds that "[o]ur Circuit Court directed [it] to reevaluate the four factor standard in light of Davy 's elaboration on the public benefit factor" and that "[its] analysis of the other factors remains the same."