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July 11, 2008

Appeal of Vice-President Visitor Logs Lawsuit Dismissed

A three judge panel of the United States Court of Appeals for the District of Columbia has dismissed an appeal of a lower court ruling that the Secret Service must process visitor logs relating to the Vice-President for lack of subject matter jurisdiction.

In the lawsuit brought by Citizens for Responsibility and Ethics in Washington ("CREW"), [Ed. note-I do legal work for CREW, but have not done anything on this matter] the district court had ruled that the records sought were agency records pursuant to FOIA and that the Secret Service needed to process them.  Rather than comply with the order, the government appealed the order.  However, the appellate court decided that it had no subject matter jurisdiction as this wasn't a final order that could be appealed, nor did it fit any of the exceptions that would allow appeal at this time.  Thus, the case was sent back to the district court for further action.   

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