I’m confused about the caption on the Court’s calendar cut and pasted above.
But in any event, here is the brief on appeal of the federal defendants filed last month.
“Summary of argument.
The only issue addressed by the federal defendants on this
appeal is whether a plaintiff can demonstrate intentional or
willful disclosure of agency records under the Privacy Act
without identifying the government official who allegedly
released such information.
To make out his Privacy Act claim, Hatfill must show that
any alleged disclosures were made willfully or intentionally—a
question that turns on the acts of the specific agency officials
involved. He must likewise show that the information in question
was derived from protected agency records, rather than from
private knowledge, surmise, or other sources independent of such
records. Those inquiries are not possible without knowing the
identity of the agency official who is alleged to have made the
unlawful disclosures. To the extent Locy suggests otherwise,
that contention is mistaken and should be rejected.”
Ed,
By letter filed April 29, the DOJ advised the court that the federal appellees’ do not plan to present oral argument
It would be great if you obtain or find — and then link on your webpage — the following briefs of those arguing (counsel Hatfill and Locy). Otherwise, I’ll add them to http://www.anthraxandalqaeda.com which has avoided the wrangling over the press subpoena issues given that you do such a thorough job of making materials from the dockets available.
Tapes and transcripts won’t be available unless the reporters group pays for the transcript and uploads it. (How archaic! Even the District of Columbia Court of Appeals.. D.C. rather than federal... allows you to watch in real-time. The 7th Circuit, for example, has had arguments online for a few years now.
These are the key briefs:
APPELLANT REPLY BRIEF [1111974] filed by Toni Locy [Service Date: 04/18/2008 ]
APPELLEE BRIEF [1110632] filed by Steven J. Hatfill [Service Date:04/11/2008 ]
04/11/2008
APPELLEE BRIEF [1110694] filed by Michael B. Mukasey, et al., [Service Date:04/11/2008 ]
Now, put silica aside, and do what you do so well. Be our docket rocketeer.