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June 6, 2016
by Irvin Muchnick
As promised at the May 20 case management conference, the United States attorney this week submitted to Judge Charles Breyer the 20th, and previously unknown, disputed document in our Freedom of Information Act litigation against the Department of Homeland Security for the American immigration records of rapist former Irish Olympic swim team coach George Gibney.
In a May 30 cover letter to the court, the federal government describes the document as a one-page “Memorandum dated July 10, 2010, concerning a request for investigation sent by USCIS [U.S. Citizenship and Immigration Services] to ICE [Immigration and Customs Enforcement].” The government claims the document should be exempt from disclosure under FOIA on the grounds that it emanates from a law enforcement agency.
All relevant materials are now in Judge Breyer’s hands, and he will rule after reviewing the documents in camera.