-Caveat Lector-

Metropolitan News-Enterprise; Capitol News Service
January 16, 2001, Tuesday

Keller Orders Independent Counsel to Turn Over Some Foster Photos

BYLINE: By a MetNews Staff Writer

BODY: The office of Independent Counsel Robert Ray must release
five original Polaroids taken of presidential lawyer Vincent
Foster's corpse by the U.S. Park Police, Senior U.S. District
Judge William Keller of the Central District of California has
ruled.

Keller concluded Thursday that Century City lawyer Alan J. Favish
had established that the photos taken in Washington's Fort Marcy
Park after Foster's body was discovered there in 1993 are subject
to disclosure under the Freedom of Information Act.

Favish had sought disclosure of 10 photographs, but Keller ruled
in 1998 that members of Foster's family had privacy rights
outweighing any public interest in disclosure of any of the
photos.

The Ninth U.S. Circuit Court of Appeals ruled last July, however,
that Keller had erred in making that ruling without actually
looking at the photos, and directed that he examine them and make
a separate determination as to each one whether the privacy
interests of the family outweighed the public interest in
disclosure.

Following the standard laid down by the Ninth Circuit, Keller
ruled Thursday that five of the photos are so "graphic, explicit,
and extremely upsetting" that they should not be released into
the public domain. The other five, he said, must be made public
within 60 days unless Ray's office appeals.

Favish is a conservative critic of President Clinton who is among
a number of vocal advocates for the position that Starr, Justice
Department special counsel Robert Fiske, the Park Police, and two
congressional committees may have been wrong in concluding that
Foster killed himself in the park.

Physical evidence, Favish and others have argued, supports the
notion that Foster may have been murdered, and/or that his body
was moved to the park, where it was found on July 20, 1993.
Foster was a deputy White House counsel and former Arkansas law
partner of U.S. Sen. Hillary Rodham Clinton who was said to be
despondent about life in official Washington.

Favish has said he expects to release the photos on his web page,
http://hometown.aol.com/AllanF8702/page1.htm, which already
contains a great deal of information about the Foster case,
including a copy of Keller's order.

Favish had previously received 118 photographs related to the
Foster investigation from the Office of Independent Counsel. In
addition, Keller previously ordered a photograph of Foster's
eye glasses released to Favish, and one of the photos whose
release was ordered Thursday which shows Foster clutching the gun
with which he is believed to have killed himself was leaked to
the media and published in 1994.

The case is Favish v. Office of Independent Counsel, 97-1479 WDK.

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                     *Michael Spitzer*  <[EMAIL PROTECTED]>
                      ~~~~~~~~~~~~~~~
  The Best Way To Destroy Enemies Is To Change Them To Friends
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