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Administrative Law Keyed to Schwartz
National Archives and Records Administration v. Favish
Citation:
541 U.S. 157 (2004)Facts
Vincent Foster, Jr., deputy counsel to President Clinton, was found dead in Fort Marcy Park outside Washington, D.C. The United States Park Police took photographs of the death scene, including pictures of Foster’s body. Five separate investigations by various government entities concluded that Foster committed suicide. Allan Favish, unconvinced by these investigations, filed a FOIA request seeking death-scene photographs. The Office of Independent Counsel (OIC) refused the request under Exemption 7(C). Favish sued to compel disclosure, arguing that the photographs would help determine whether the government had conducted proper investigations. Foster’s family members opposed disclosure, stating it would cause them pain and suffering. Sheila Foster Anthony, Foster’s sister, submitted a declaration stating that release of the photographs would invade the family’s privacy and cause them distress, as they had already been harassed by political and commercial opportunists seeking to profit from Foster’s suicide.
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