Pickard v. DOJ, No. 17-15945, 2018 WL 1007625 (9th Cir. Feb. 22, 2018) (per curiam)
Re: Request for records concerning confidential informant
Disposition: Affirming in part and vacating in part district court's grant of government's motion for summary judgment
- Exemption 7(D) & Waiver: The Court of Appeals for the Ninth Circuit amends its December 13, 2017 opinion. The court now holds that "[e]ven assuming that [the requester] is correct that exemption 7(D) may be 'waived,' he is entitled only to exactly the same information that has been publicly disclosed." “If, for instance, the DEA had in its possession a videotape of Skinner's trial testimony, Plaintiff might be entitled to that videotape." "But what Plaintiff seeks – records that may contain some of the same information about which [the alleged informant] testified – is not exactly the same information that was publicly disclosed, so FOIA exemption 7(D) applies."