DOJ Refuses to Disclose Ed Peters Immunity Agreement Again
Once again the Justice Department refused to turn over Ed Peters' immunity agreement. Here is the DOJ's response. I received what appears to be a form letter like the one that DOJ sent last time, as discussed in this earlier post.
But this time DOJ added a note on the last page:
NOTE: We have received your letter dated Sept. 16, 2009. Is the immunity agreement you seek a public record?
Great. A clue. I take this to mean that DOJ is either trying to be helpful, or playing games. I'm a natural cynic, so it's not much of a question to me. But I'll take the bait anyway and request all public records.
I think you are right. A quick search revealed the following:
"In that case, the court's grant of immunity was a matter of public record at the time of the communication." In re Papst Licensing, GmbH Patent Litigation, 2001 WL 1135265 *2 (ED LA 2001)(citing US v. Buljubasic, 808 F2d 1260, 1268 (7th Cir. 1987).
and
"Moreover, it is noted, that all material elicited under a grant of immunity was a matter of public record once procured." US v. Bonanno, 178 FSupp 62, 67 (SDNY 1959)
Keep after them. We're following your saga and the Pied Piper of Mississippi, Ed Peters.