-Caveat Lector-

---------- Forwarded message ----------
Date: Tue, 30 Jan 2001 20:08:20 -0800
From: Allan Favish <[EMAIL PROTECTED]>
Subject: New OIC Motion in Vincent Foster FOIA Case

The Office of Independent Counsel has filed a 23-page motion to
alter the judgement in my Vincent Foster Freedom of Information
Act.  The OIC is trying to get the judge to reverse his January
11, 2001 decision to release 5 Polaroid photos of Foster's body
as it laid in Fort Marcy Park.

A 3MB PDF file of the motion is available at my web site in the
Foster section, under the heading for my FOIA Lawsuit for
Photographs.  A direct link to the document is:

http://members.nbci.com/allanfavish/foster/oic1_29.pdf

I have not read it carefully yet, but I think there may be a few
factual assertions that may be new.

The crux of the OIC's legal argument is that

 1) the district court judge misinterpreted the Ninth Circuit's
decision regarding the privacy interest and therefore did not
give enough weight to the interest of the Foster family in
keeping the photos secret even if they were not the photos that
were "extremely upsetting";

 2) I need to give the judge more evidence of the public's
interest in seeing these specific photos then I have given.

My response to this motion is due February 26, 2001. Any
suggestions, comments or other feedback is welcome.

On the same day the OIC's motion is heard (March 5, 2001), the
court will also hear my motion to compel testimony from former
OIC prosecutor Miquel Rodriguez and his former assistant Lucia
Rambusch, which was rescheduled from February 12th.

_____________

Regards,

Allan J. Favish
http://members.aol.com/allanf8702/page1.htm


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