UPDATE: VICTORY! On September 11, 2019, the 9th Circuit Court of Appeals unanimously ruled in favor of Antiwar.com’s suit against the FBI.
Antiwar.com’s lawsuit against the FBI is going into its 7th year. Today, the 9th Circuit Court of Appeals heard the appeal on the Privacy Act violations. The FBI failed to expunge the records of an investigation they found where Antiwar.com’s activities were completely covered by the 1st Amendment.
The co-plantiffs were Antiwar.com’s founders Justin (Dennis) Raimondo and Eric Garris.
ACLU attorney Vasudha Talla argued that the FBI had no reason to maintain the files when there was no criminality after the investigation concluded.
The case was filed in 2013, and Antiwar.com had victories on two issues in the case: the court ordered the FBI to amend their files when Antiwar.com co-founder Eric Garris was placed on a terror watch list in error; the FBI also agreed to give Antiwar.com access to all the records of the investigation without redaction, and paid $300,000 to the ACLU lawyers.
Today’s hearing went quite well, with the judges clearly hostile to the arguments by the FBI’s attorney. Below is the video of the one-hour hearing. It is worth watching.