Binion v. United States Department Of Justice

695 F.2d 1189 Lester Ben BINION, Plaintiff-Appellee, v. UNITED STATES DEPARTMENT OF JUSTICE; William F. Smith, Attorney General; Edward C. Schults, Deputy Attorney General; David C. Stephenson, Acting Pardon Attorney; Raymond P. Theim, Attorney-Advisor; Rudolph W. Giuliani, Associate Attorney General; Quinlan J. Shea, Jr., Director, Office of Privacy and Information Appeals, Defendants-Appellants. No. 82-5316. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 9, 1982. Decided Jan. 6, 1983. William G. Cole, Atty., Washington, D.C., for defendants-appellants. Ronald Plesser, Blum & Nash, Washington, D.C., for plaintiff-appellee. Appeal from the United States District Court for the District of Nevada. Before WRIGHT, ANDERSON, and CANBY, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge: 1 The Department of Justice appeals from an order mandating the disclosure of materials, requested under the Freedom of Information Act (FOIA), 5 U.S.C. Sec. 552 , and the Privacy Act, id. Sec. 552a, about plaintiff's application for a presidential pardon. 2 This appeal presents us with two issues of first impression: 3 (1) Does the Privacy Act exemption for a criminal law…