VTDigger Urges 2nd Circuit to Reject DOC Opposition to FirstNet FOIA Appeal
The Commerce Department failed to refute any VTDigger reasons to reverse a lower court’s ruling in its Freedom of Information Act case against FirstNet, the Vermont news publication said in a late-filed reply (in Pacer) Tuesday at the 2nd U.S.…
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Circuit Court of Appeals. FirstNet is subject to FOIA under plain language, and the law establishing the authority didn’t preclude such review, VTDigger said. Commerce failed to prove it was futile to look for the records sought, but U.S. District Court in Burlington misassigned burden of truth to the challengers, the publication said. VTDigger’s attorney filed one day late “due to excusable neglect,” including oral argument the same day and “complications on the train,” he said an accompanying motion (in Pacer).