The following appeals and district court motions are pending:
July 27, 2011: The 9th Circuit REVERSED AND REMANDED the district court denial of a FOIA complaint for Skinner's records. See 9th Circuit decision in Pickard v. DOJ, 653 F.3d 782 (9th Cir. July 27, 2011)("Pickard I").
March 21, 2011: Motion to remand for fraud upon the court due to prosecutor's affirmative denial to the district court that no agency other than DEA participated in the investigation. This motion was filed after DOJ through FOIA revealed that the investigation was a multiagency OCDETF and HIDTA investigation (see DEA and DOJ FOIA requests). Oral argument set for January 20, 2012 after Government indicated it was "not prepared" to respond to the motion.
June 18, 2012: The Tenth Circuit issued an opinion stating, "We cannot accept the proposition that the government has a free pass to deceive a habeas court into denying discovery just because it similarly deceived the trial court [ ] We doubt that the governing procedural rules permit the government to gain such an advantage by its own fraudulent conduct." The Tenth Circuit remanded the Kansas case to the district court with instructions to consider Defendants' claim that the "prosecutor's false statement improperly prevented them from obtaining relevant discovery in the 2255 proceedings."
2012: Opening brief filed requesting that Gordon Todd Skinner's Confidential Informant File (CI File) containing the "risk assessment" (RA file) - sealed in district court at trial in 2003 - be unsealed and made available to the public due to a. the First Amendment and common law right to access to these records; b. Skinner's file already being provided to defense counsel; c. the issue of inauthenticity of the "risk assessment" (see Pickard v. DOJ in Arizona, "Pickard II" infra); d. the need to prevent spoliation or alteration of these exhibits by the government; and e. the 9th Circuit decision in Pickard v. DOJ, 653 F.3d 782 (9th Cir. July 27, 2011)("Pickard I") wherein it was decided that Skinner has no further privacy interests due to his official confirmation as an informant by DEA.
District Court (Kansas):
June 14, 2011: Notice of prosecutor's and agent's violation of F.R.Civ.P. Rule 11(b) regarding lack of evidentiary support for the authenticity of the "risk assessment" sealed by the district court at trial. No response by the Government.
September 7, 2011: Second notice (revised) of prosecutor's and agent's violation of F.R.Civ.P. Rule 11(b) regarding lack of evidentiary support or the authenticity of the "risk assessment" sealed by the district court at trial. No response by the Government.
2012: Motion for evidentiary hearing was filed on the issue of fraud upon the district court concerning the prosecutor's deception that only DEA was involved in the investigation, whereas afterward DOJ and FBI through FOIA confirmed the investigation was a multiagency OCDETF and HIDTA investigation (See June 18, 2012 remand on this issue by the Tenth Circuit, stating "We cannot accept the proposition that the government has a free pass to deceive a habeas court just because it similarly deceived the trial court").
District Court (Northern District of California):
December 14, 2011: The 9th Circuits reversal of Pickard v. DOJ is now pending in district court in San Francisco, awaiting the Government's release of a Vaughn Index (see Pickard v. DOJ, fn 2) ("Pickard 1") of all DEA records on informant Gordon Todd Skinner.
2012: On remand from the 9th Circuit, DEA attempted to seal its Vaughn Index of Gordon Todd Skinner's DEA records - the first effort of its kind in a FOIA case. DEA's motion was denied by the district court, and DEA was ordered to make public a Vaughn index of each document or portion thereof.
2012: DEA then attempted not to file a detailed Vaughn index, but a generalized affidavit.
September 28, 2012: DEA was given five days to provide Skinner's records, or be held in contempt of court.
October 3, 2012: DEA produced a partial Vaughn Index of Gordon Todd Skinner's DEA records, but the index was non-compliant with 9th Circuit standards.
District Court (Arizona):
August 9, 2011: This proceeding, also entitled Pickard v. DOJ, 4:11-cv-004420DCB)(D. Arizona)("Pickard II") concerns a FOIA request for "Sec. 6612.13" of the DEA Agent's Manual, cited by the Government as the basis for Gordon Todd Skinner's "risk assessment" sealed by the district court in Kansas. [NB: there is no "Sec. 6612.13" in the DEA Agent's Manual prior to June 28, 2001 during the time Skinner was activated, utilized and deactivated as an informant].
August 18, 2011: Motion to amend complaint (granted) to include as exhibit DEA FOIA release of July 1, 2011 confirming that "Sec. 6612.13" did not exist in the DEA Agent's Manual at the time of Skinner's purported "risk assessment".
Pending FOIA Requests: See list of FOIA request ultimately to be litigated in federal court.
Attorneys, Defendants and Public Interest Groups are invited to contact us regarding these appeals and motions.