Boasberg, James E., United States District Judge
In action to compel disclosure of records under the Freedom of Information Act (“FOIA”), the court held that records contained on a thumb drive and CDs were “records” within the meaning of 5 U.S.C. § 552 (f)(2) and ordered defendant to produce the records.
Plaintiff—who had been previously convicted and sentenced to prison for defrauding investors—sought records from federal agencies under FOIA. Plaintiff sought records for purposes of showing his innocence or prosecutorial misconduct. Defendant argued that disclosure was not required for records because they were on “two CDs and a thumb drive.” The court rejected this argument, holding that the requested records were covered by 5 U.S.C. § 552(f)(2) because they were “maintained by an agency in any format, including electronic format.” The court ordered defendant to produce the records.
v.
United States Department of Justice, et al., Defendants
Counsel
*138 Gregory Bartko, Yazoo City, MS, pro se.Claire M. Whitaker, U.S. Attorney's Office, Washington, DC, for Defendants.