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July 31, 2007

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M Sussman

One of the most important decisions in the opinion was that the Court rejected the Government's argument that Exemption 7(A) is subject to a lesser standard of proof.

Also, the Exemption 3 argument with respect to the grand jury documents now requires the Government to show that the materials were actually prohibited from disclosure by a specified person. In this case, the Government argued that Exemption 3 applied because the "grand jury" was considering the matter. The decision will require the Government to stop using such vague claims and actually show that the materials originated with the grand jury.

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