Brief on the Merits

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Written by Allan J. Favish

Freedom of Information Act
Favish v. Office of Independent Counsel
U.S. Supreme Court

 

The one document that best sets forth all of the legal and factual issues in my Freedom of Information Act lawsuit against the Office of Independent Counsel is my brief on the merits to the United States Supreme Court that I filed on August 6, 2003. The evidentiary citations in this brief are to the "Excerpts of Record" that was before the United States Court of Appeals for the Ninth Circuit. That "Excerpts of Record" contains the actual documents submitted to the courts as evidence.

You can read the facts for yourself in my brief on the merits to the Supreme Court at the bottom of page 19 to the top of page 40. None of the facts were proven false, inaccurate or misleading. The documents cited in the brief are here (see the documents linked at the listings for May 30, 2001 & October 9, 2001). If you read it all, compare it to the one sentence in the entire Supreme Court opinion about the evidence you just read: “Favish has not produced any evidence that would warrant a belief by a reasonable person that the alleged Government impropriety might have occurred to put the balance into play.” This sentence is on page 17 of the opinion, which is here. Note that the Supreme Court briefs do not contain the original source citations, but only citations to the "Excerpts of Record". You can see the original source citations in my Appellant's Opening and Reply briefs, which were filed April 13 and August 31 of 1998 with the Ninth Circuit, links to which are here.

Downloadable documents:

Brief on the Merits, OIC v. Favish (166 KB)

List of All Documents, OIC v. Favish