FOIA: US Court rejects Greenspan’s bid to obtain evidence

From Juliana Taiwo-Obalonye, Abuja

A United States federal court has rejected a bid by Aaron Greenspan to obtain evidence from President Bola Tinubu and DCI Group in an ongoing Freedom of Information Act (FOIA) lawsuit involving the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA).

The United States District Court for the District of Columbia, in a ruling delivered on Friday, declined Greenspan’s request for limited discovery concerning alleged cyberattacks on his website, ruling that the proposed evidence was not sufficiently relevant to the underlying FOIA dispute.

In a statement posted on his verified X handle, Special Adviser on Information and Strategy, Bayo Onanuga, explained that the decision blocks Greenspan from using the ongoing FOIA proceedings to pursue discovery from Tinubu and DCI Group over the alleged cyberattacks.

The court also rejected a separate application by non-party Karl Von Batten seeking permission to file amicus curiae (friend-of-the-court) brief, alongside Greenspan’s related request for judicial notice. In addition, the court denied his motion for summary judgment.

Reacting to the ruling, attorney Christopher W. Carmichael said the decision reinforced the need to keep the FOIA proceedings focused on the legal questions before the court.

“The Court’s decision makes clear that this Freedom of Information Act proceeding cannot be used to pursue discovery unrelated to the legal questions before it,” Carmichael said.

He said the rejection of the discovery request against Tinubu and DCI Group reaffirmed the importance of keeping the litigation within its proper legal boundaries.

Also commenting, attorney Oluwole Afolabi said the court’s decisions on the summary judgment application and the proposed amicus brief established important procedural boundaries in the case.

“While the underlying FOIA issues remain before the Court, these rulings establish important procedural boundaries and clarify which matters are appropriate for consideration in this litigation,” Afolabi said.

The underlying FOIA dispute involving the FBI and DEA is still pending before the court.