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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1 importantly is that's not my role. My role is to make a
2 decision. Having made the decision, I then, in my view,
3 lack the jurisdiction.
4 So as I seek to articulate the position, even
5 if I didn't lack the jurisdiction, I think that there
6 has to be finality. I believe I've engaged in the
7 analysis that is absolutely the proper analysis.
8 I suppose, if you had a different fact
9 scenario -- not "I suppose." I know that if you had a
10 different fact scenario, where you had people who were
11 disinclined to seek the truth, and then that could be
12 demonstrated -- which has not been demonstrated in any
13 way to my satisfaction, not even close. But if you were
14 able to demonstrate a lack or a disinclination to seek
15 the truth, then you're talking a different situation.
16 But quite the contrary, there were just literally scores
17 of people out there trying to prove your points; namely,
18 something was amiss here, something was rotten, and none
19 of them did.
20 Now that isn't dispositive, but it does weigh
21 into the balancing aspect of things, and as a
22 consequence, I'm going to finalize my ruling granting
23 summary judgment for the government as regards the FOIA
24 issue, and telling them that they have to give you the
25 color pictures.