Robert T. Burke v. United States Department of Justice and Federal Bureau of Investigation

While administrative proceedings were still pending before the Department of Justice, appellant Burke filed suit pursuant to the Freedom of Information Act, 5 U.S.C. § 552, seeking to compel release of copies of photographs which were introduced into evidence at his criminal trial. The Department of Justice ultimately determined while the instant proceedings were still pending that the photographs would be released upon payment of search and reproduction costs. Burke then requested that the district court order release of the documents without payment of these fees and that he be furnished…