FOIA Advisor

FOIA News: D.C. Circuit to Hold Oral Argument in FOIA Clawback

FOIA News (2026)Ryan MulveyComment

On Thursday, January 29, 2026, the U.S. Court of Appeals for the District of Columbia Circuit will hear oral argument in Gun Owners of America, Inc. v. Bureau of Alcohol, Tobacco & Firearms, No. 25-5309. A livestream is available here.

This case concerns the proper interpretation of the D.C. Circuit’s decision last year in Human Rights Defense Center v. U.S. Park Police (D.C. Cir. 2025), and the ability of courts to order “clawback” of inadvertently disclosed agency records as an exercise of equitable remedial authority.

The lower court’s decision can be found here.

[FOIA Advisor’s Ryan Mulvey filed an amicus brief in support of the Appellants and reversal. Read it here.]