Allan Favish is a Los Angeles-based attorney whose focus is on General Insurance Defense and Litigation Insurance Coverage/Reinsurance & Bad Faith Litigation. A UCLA graduate, he received his J.D. at Hastings College of Law in 1981.
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Declaration of Darrell M. Joseph
material OIC seeks to protect. No reasonably segregable, non-exempt portions have been withheld from the plaintiff. Accordingly, all information withheld is exempt from disclosure pursuant to a FOTA exemption.
IV. JUSTIFICATION FOR WITHHELD MATERIALS
10. Plaintiff is being provided with the maximum disclosure authorized by law. The specific FCIA exemptions under which information was withheld by OIC are discussed below.
(A) Title 5 U.S.C. § 552(b)(3). Information Specifically Exempted from Disclosure By Statute.
11. Title 5 U.S.C. § 552(b)(3) allows the withholding of information specifically exempted from disclosure by statute if such exempting statute "(A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld."
12. Fed. R. Crim. P. 6(e), which prohibits the disclosure of "matters occurring before the grand jury," is an exempting statute within the meaning of Exemption (b)(3) of the FOIA. The investigations conducted into the death of Mr. Foster included, among other things, the adducing of evidence before the federal grand jury in Washington, D.C. See Report at 2.
13. Information relating to matters before the grand jury has been redacted from the backs of certain photographs, pursuant to FOIA Exemption (b)(3). (See document numbers 2389A; 2389B; 2389C; 2391A; 2391B; 2393A; 2393B; 2393C; 2394A; 2394B; 2425A; 2425B;
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