Gause v. United States

The judges who join in this dissenting opinion adhere to1 or generally agree with2 the opinion of the division majority in Gause v. United States, 959 A.2d 671 (D.C.2008) (Gause I).3 We therefore re*1259spectfully dissent from the decision of the en banc court.

I

The issue which divides the court is whether Gause and Wilkey are required to make a very modest threshold showing, i.e., reasonable belief or suspicion that a violation of the DCJSA may have occurred, before being granted discovery of, and access to, confidential records and documents to which the general public has no access, and before…