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To: ScubaDiver

I just read where Tom Fitton of Judicial Watch is suing to have Sicknick’s autopsy report released.


2 posted on 04/08/2021 7:34:05 AM PDT by White Lives Matter
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To: White Lives Matter
He's very likely to eventually succeed if DC's own open records guidance to reporters is any indication...

A. Autopsy and coroners reports

"Under D.C. laws governing the medical examiner, any person with a "legitimate interest" may gain access to autopsy reports. D.C. Code Ann. § 5-1412(c). This right can be enforced by court order. Id. Although the government may attempt to protect autopsy reports by asserting the privacy, investigatory records or Vital Records Act exemptions, those exemptions do not permit nondisclosure if the Medical Examiner's statute requires disclosure. D.C. Code Ann. § 2-534(c); Dunhill v. Director, 416 A.2d 244, 247-48 (D.C. 1980).

FYI, journalists and government accountability watchdog groups do qualify under the definition of 'legitimate interests.'

The only issue is that under federal FOIA laws, federal law enforcement can exempt evidentiary documents for some period of . IOW, a judge is likely to give the FBI some leeway on the release, but it won't be leeway in perpetuity. At some point. the FBI is either going to have to charge someone or release the report.

4 posted on 04/08/2021 7:48:27 AM PDT by ScubaDiver (Reddit refugee.)
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