Cowles Communications, Inc. v. Department of Justice

OPINION AND ORDER

Plaintiff (hereafter Cowles) in the course of defense of a libel action, Alioto v. Cowles Communications, Inc., sought to secure by subpoena duces tecum records in the office of the Director of Immigration and Naturalization Service relating to one Salvatore Marino. The Immigration officers, acting upon instructions from the Attorney General, refused to produce the records. Now anticipating another trial in the libel suit Cowles seeks to force the production of the records under the authority of the Freedom of Information Act ( 5 U.S.C. § 552 ). The defendants contend that the files involved were compiled for purposes of law enforcement and need not be produced. The Act specifically excepts from its operation

Cowles asserts that there are no proceedings pending against Marino and urges (citing Bristol-Myers Co. v. F. T. C., 138 U.S.App.D.C. 22 , 424 F.2d 935 (1970); Wellford v. Hardin, 315 F.Supp. 175 (D.Md.1970); Cooney v. Sun Shipbuilding & Drydock Co., 288 F.Supp. 708 (E.D.Pa.1966) that the exception does not apply.

If these cases are authority for the proposition that any investigatory file becomes the subject of private discovery when it is demonstrated…