Monday, February 11, 2019
U.S. v. Gates, No. 17-2494, 2019 WL 512164 (8th Cir. Feb. 11, 2019) (per curiam)
Re: Challenge to FOIA waiver in plea agreement
Disposition: Dismissing appeal
- Litigation Considerations: The Court of Appeals for the Eight Circuit holds that "[it] lack[s] jurisdiction because [the] FOIA waiver claim is not ripe." The court finds that "[t]he validity of [the] FOIA waiver is not fit for judicial review because [this individual] has not requested any records from the government pursuant to FOIA." "Despite the FOIA waiver, [the individual] is not precluded from requesting records from the government, and the government is not obligated to deny his request."
Court of Appeals
Updated March 22, 2019