And that is what your attorney just argued on your behalf in the appeal, and that panel of 3 judges, just ruled against you, that you
do not have a right to see it. Though you may consider yourself "part of the investigation", from a legal standpoint, the panel of judges just ruled you have no legal standing to see the warrant.
It doesn't matter if the warrant was "found" today and you have the warrant number, the appeals court just ruled against you already, therefore you can not see it. When you say your "
lawyer has to file the paper work" now to override the sealed order, what he means is you have to appeal yet again this most recent court decision to the next higher court. At this point though, they do not automatically hear your appeal like they did your last appeal, it will need to be approved, and only cases that have precedent setting issues are heard. So very likely, this is the end of the road after being ruled against in both the lower court and now, being ruled against in the appeal court.
Hay my lawyer had done a great job going against a team of DCNR lawyers and now we plan to add more to our team when headed to Federal Court. I know you think you know whats going to happen but lets hold off until we see what happens.
If you will remember, i put the same RTK request you did to the PA DCNR and received everything you received, there is not pertinent information in that file.
. We got info that you can not get and I can not talk about As far as the FBI, they sealed their file, it is not accessible by you and you have, to this point, brought no suit against them to open the file and it is unlikely you could get standing to bring it before a federal court. Your attorney may be willing to try, but don't count on him having success.
I have posted the response from the FBI asking us to ask for a smaller amount from their files and we could get it faster than 4yrs. It made world news . Why do you make up things I all ready answered to.---------- Original Message ----------
From: "FBI.FOIPA.NEGOTIATION" <FBI.FOIPA.NEGOTIATION@FBI.GOV>
To: 'Bill Cluck' <billcluck@billcluck.com>
Date: September 13, 2019 at 12:25 PM
Subject: RE: FW: FOIPA # xxxxxxxxxxx
Good Afternoon Mr. Cluck,
Thank you for your email response concerning the possible scope reduction of this request. At this time I am unable to view the video media associated with this case. I can advise if the video media contains anything concerning 3[SUP]rd[/SUP] party then it will not be available for release. There is potential responsive material located in this case within a main file and sub files. The main file is the investigative part and the sub files are supportive documents for the main file.
We recommend the following options--
Option 1: To reduce the scope of this request by limiting to the main file which contains approximately 1,058 potential responsive pages. This request would remain in the large track with approximately 47 months to complete.
Option 2: To reduce the scope of this request by limiting to approximately the first 950 potential responsive pages. This request would move to the medium track with approximately 21 months to complete.
Please let us know if you are interested one of the recommended options listed above.
We appreciate your patience and hope to hear from you soon.
Sincerely,
Negotiation Team
FBI Information Management Division
Fbi.foipa.negotiation@fbi.gov
540-868-4894
You never know until you try and thats what we are doing. Last year we tried to get info from the Ridgeway State Police files and they said there are things in the files the public should not see, ( the things they do to investigate ), But when we get into Federal Court we hope the Federal Judges will look at their files to help our case.