Judge Stephen McNamee has entered the second order in two days for Rojas v. FAA 3. Yesterday, the Judge ordered Mr. Snow file a declaration regarding his search for chats. Today, he has ordered to see for himself the records that have been withheld.
Some of the withholdings include the BQ score received for Rojas, the minimum passing scores (multiple, based on “applicant groups” as admitted by Cannon), many personal email addresses in Snow’s email, along with many emails the FAA classified as “non-agency” records.
We are satisfied with this ruling and hope the Judge will overturn some or all of FAAs withholdings. Or that the FAA/DOJ will reach out and drop the withholdings. The judge has not yet ruled on our summary judgment motion, nor the FAAs. Rojas v. FAA 3 began summary judgment briefing back in February 2016, and ended in August 2016.
This is the second time that in camera review has been ordered for one of our FOIA cases. In Rojas v. FAA 2, the Court ordered it, and then overturned the FAA on attorney-client privilege after seeing the documents for itself.
The FAA has until June 30th to comply with this order.