U.S. v. Roberts, No. 12-40026, 2019 U.S. Dist. LEXIS 80999 (W.D. Ark. May 14, 2019) (Hickey, J.)

U.S. v. Roberts, No. 12-40026, 2019 U.S. Dist. LEXIS 80999 (W.D. Ark. May 14, 2019) (Hickey, J.)

Re:  Waiver of plaintiff's ability to file FOIA requests

Disposition:  Denying plaintiff's motion to waive forfeiture of right to file and receive FOIA requests

• Procedural Requirements & Litigation Considerations:  The court relates that "[plaintiff] now moves the Court to set aside the Waiver of Access to Records provision contained in his Plea Agreement."  The court states that "[plaintiff's] Plea Agreement contains a section entitled 'WAIVER OF ACCESS TO RECORDS' which states:  5. The defendant hereby waives all rights, whether asserted directly or by a representative, to request or receive from any department or agency of the United States any records pertaining to the investigation or prosecution of this case, including without limitation any records that may be sought under the Freedom of Information Act, 5 U.S.C. § 552, or the Privacy Act of 1974, 5 U.S.C. § 552a."  The court finds that "[plaintiff's] Plea Agreement was accepted by the Court, and the Plea Agreement, including the 'Wavier of Access to Records' provision, is both binding and final."  "The Plea Agreement plainly and unequivocally states that [plaintiff] has waived his rights to submit FOIA and contains no language that would allow the Court to restore [plaintiff's] right to submit FOIA requests."  "Moreover, to the extent that the Court could restore [plaintiff's] right to submit FOIA requests, the Court declines to do so."