lethargic. taking questions.
Why don't courts acknowledge the distinction between the requirements of the two separate clauses of FOIA Exemption 7(E)?
because they're reading in a comma between "prosecutions" and "if".
i think. i've only dealt with that particular exemption in a few instances, so i'm not that sure.
I think you're right. But the DOJ guidelines are very clear that they are different! But then no courts seem to treat them as such, or develop that distinction at all. Grumble!
Okay, I read 7(E) now.
If they were reading in a comma between "prosecutions" and "if," wouldn't both clauses/exemptions require a showing of risk? Isn't that good if you're seeking information?