In a Freedom of Information Act (FOIA) action seeking certain FBI records, the denial of an attorney's fee award to Plaintiff is affirmed, where the amendment to FOIA in the OPEN Government Act of 2007 does not apply retroactively, and thus Plaintiff was not entitled to fees under that provision.
Argued November 10, 2008
Decided June 26, 2009
Opinion by Judge Ginsburg
James H. Lesar
Darrell C. Valdez, Assistant U.S. Attorney, Washington, DC
Jeffrey A. Taylor, Assistant U.S. Attorney, Washington, DC