Radowich v. United States Attorney

The plaintiff/appellee sought the release under the Freedom of Information Act (FOIA)1 of certain information given the office of the United States Attorney in confidence by one Gudelsky in the course of a criminal investigation of political corruption conducted by that office. The Government objects to release asserting that such information was exempt from disclosure under work product,2 personal privacy,3 and confidential information4 exemptions. Other than for the excision under the work product exemption of the purely deliberative statements in the requested information made by the Assistant United States Attorney himself, the district court rejected all the exemption claims of the Government and ordered disclosure.5 The Government has appealed, limiting its claims to those under the work product and confidential information exemptions. Since we find, contrary to the ruling of the district court, that the requested information is not subject to compulsory disclosure under exemption (b)(7)(D) (confidential information), it is unnecessary to consider the work product claim of the Government.