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Administrative Law Keyed to Popper
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 color photographs of the death scene, including pictures of Foster’s body. Five separate investigations, including those by the FBI, congressional committees, and independent counsels, concluded that Foster committed suicide. Allan Favish, skeptical of these findings, filed a FOIA request seeking death-scene photographs. The Office of Independent Counsel refused the request under Exemption 7(C). Foster’s sister, Sheila Foster Anthony, filed a declaration stating that the family had been harassed by political and commercial opportunists, and that release of additional photographs would cause the family further distress and invade their privacy. The case ultimately reached the Supreme Court, which had to determine whether family members have privacy interests protected by FOIA and, if so, what showing a requester must make to overcome those interests.
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