Jean S. Schanen, Power of Attorney for Lascelle Tillet v. United States Department of Justice

ORDER

This order is made necessary by reason of the failure of the United States Attorneys representing the Department of Justice to defend a Freedom of Information Act (FOIA) claim in a competent manner. On petition for rehearing before this court, the government now achieves a result that it most certainly would have achieved before the district court had the government litigated this case diligently.

Many of the relevant facts and much of the procedural history of this case may be found in our opinion, which is published at 762 F.2d 805 . However, a brief summary is in order.

Jean S. Schanen, as attorney-in-fact for Lascelle Tillet, commenced an action under FOIA, 5 U.S.C. § 552 , to compel disclosure of various documents relating to Tillet’s indictment on federal narcotics charges. The government answered that (1) Tillet was a fugitive from justice and, therefore, not entitled to sue in federal court, and (2) the requested information was exempt from disclosure under 5 U.S.C. § 552 (b)(7)(A) because it would interfere with law enforcement activities.

The government moved to dismiss on the fugitive from justice grounds. Schanen filed a combined “opposition” and motion for…