Court Orders FBI to Expunge Website Records Under Privacy Act

by | Jan 17, 2020

The Reporters Committee For Freedom of the Press on Antiwar.com’s latest victory against the evil FBI:

In late November, a judge for the U.S. District Court for the Northern District of California directed the Federal Bureau of Investigation to expunge certain records relating to Eric Garris, an editor of the website Antiwar.com, which describes itself as promoting “non-interventionism” and posts related news and opinions.

The move comes after the U.S. Court of Appeals for the Ninth Circuit held in September that federal law prohibits law enforcement agencies from maintaining records describing First Amendment activity, unless the record “is pertinent to and within the scope of an ongoing law enforcement activity.” The case marked the first time the Ninth Circuit has considered that question.

Garris v. FBI involved the FBI’s collection and maintenance of records on the editors of Antiwar.com. The site’s editors and co-founders, Garris and Justin Raimondo, challenged the bureau’s preservation of records describing their work and sought to have the records expunged under the Privacy Act of 1974. The court of appeals agreed with their arguments related to a detailed post-9/11 “threat assessment” memorandum, noting that the FBI did not demonstrate that the memo at issue was “pertinent” to ongoing law enforcement activity.

Read the rest here.

About Scott Horton

Scott Horton is director of the Libertarian Institute, editorial director of Antiwar.com, host of Antiwar Radio on Pacifica, 90.7 FM KPFK in Los Angeles, California and podcasts the Scott Horton Show from ScottHorton.org. He's the author of the 2021 book Enough Already: Time to End the War on Terrorism, the 2017 book, Fool's Errand:Time to End the War in Afghanistan , editor of the 2019 book The Great Ron Paul: The Scott Horton Show Interviews 2004–2019 and the 2022 book Hotter Than The Sun: Time to Abolish Nuclear Arms. He’s conducted more than 5,700 interviews since 2003. Scott lives in Austin, Texas with his wife, Larisa Alexandrovna Horton.

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