No. 25-686

Gary Sebastian Brown, III v. Federal Bureau of Investigation

Lower Court: District of Columbia
Docketed: 2025-12-12
Status: Denied
Type: Paid
Response Waived
Tags: confidential-source exemption-7d foia foreseeable-harm law-enforcement transparency
Latest Conference: 2026-02-20
Question Presented (from Petition)

I. Whether, after the FOIA Improvement Act of 2016, an agency invoking Exemption 7(D) must, in addition to establishing that the exemption applies, separately demonstrate that disclosure of the particular information would foreseeably harm an interest protected by that exemption.

II. Whether Exemption 7(D) permits withholding consistent with FOIA's 2016 foreseeable-harm requirement when the agency's asserted risk is recognition of a witness's account by other victims, witnesses, or investigators—rather than by members of the public, co-conspirators, or other adversaries involved in an investigation.

Question Presented (AI Summary)

Whether an agency invoking FOIA Exemption 7(D) must demonstrate foreseeable harm after the 2016 FOIA Improvement Act and whether recognition risk by witnesses constitutes a valid basis for withholding information

Docket Entries

2026-02-23
Petition DENIED.
2026-01-14
DISTRIBUTED for Conference of 2/20/2026.
2026-01-12
Waiver of right of respondent FBI to respond filed.
2025-11-28
Petition for a writ of certiorari filed. (Response due January 12, 2026)

Attorneys

FBI
D. John SauerSolicitor General, Respondent
Gary Brown
Gary Sebastian Brown III — Petitioner