Baker v. Federal Bureau of Investigation

Baker, sued (Freedom of Information Act (FOIA), 5 U.S.C. 552(a)(4)(B)) to obtain records connected to an FBI investigation into a protection racket run by Chicago police officers. The FBI gave him redacted records. He sought disclosure of the names of FBI agents involved in the investigation, Chicago police officers who assisted them, and officers who were investigated but not charged. He argued that the light sentences relative to the magnitude of the criminal activity reflected inadequate investigation. The FBI invoked FOIA exemptions for “personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy” and for records and other information compiled for law enforcement purposes if their disclosure “could reasonably be expected to constitute an unwarranted invasion of personal privacy.” The FBI’s concern was that public identification could endanger individuals by identifying them to gangsters still involved in the racket and would unfairly stigmatize officers. The Seventh Circuit ruled in favor of the FBI, noting that it is purely an investigatory agency and does not make charging decisions sentencing suggestions. Baker’s theory that release of the names would enable the public to determine whether the Bureau had adequately staffed the investigation was farfetched. View "Baker v. Federal Bureau of Investigation" on Justia Law