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Federal Judge Rules In Favor Of Raw Story In Legal Battle For Access To U.S. Navy Records

October 3, 2024

In a major victory for transparency and press freedom, a federal judge has ruled in favor of Raw Story in its lawsuit seeking access to records from the U.S. Navy. The decision, issued by Judge Loren L. AliKhan in the District of Columbia, dismisses the Navy’s claims that acknowledging the existence of the requested records would jeopardize national security and violate the privacy rights of a former Marine Corps veteran involved in a high-profile domestic extremism case.

The case centers on Raw Story’s Freedom of Information Act (FOIA) request for records related to the investigation of Jordan Duncan, a former Marine Corps member arrested in connection with a neo-Nazi plot in 2020. Duncan, along with co-conspirators, was accused of plotting to sabotage the nation’s power grid and engage in acts of violence. The Navy had refused to confirm or deny the existence of relevant records, citing national security concerns.

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In her ruling, Judge AliKhan unequivocally sided with Raw Story, recognizing the public’s right to know how the military handles extremism and security breaches within its ranks. “The court agrees with Raw Story that there is substantial public interest in the requested records,” Judge AliKhan wrote, further stating that transparency in law enforcement and military investigations is crucial for democratic accountability.

Roxanne Cooper, publisher of Raw Story, praised the ruling. “This case goes beyond a simple request for documents—it’s about ensuring that Americans have access to vital information on how their government responds to domestic extremism within the military. We are proud of this decision and remain committed to holding power accountable.”

Raw Story’s attorney, Stephen Stich Match, hailed the order as a significant win for press freedom. “The court has rejected all of the Navy’s exemptions, ruling that the existence of these records is not classified, and that national security concerns were overstated. This is a victory for transparency and the public’s right to understand how the military is addressing threats from within.”

The ruling requires the Navy to acknowledge the existence of the records and review them for potential disclosure. Both parties are required to file a joint status report by October 15, outlining the next steps in the case.

As Raw Story continues to push for greater transparency in government, this decision marks a key milestone in its ongoing efforts to shine a light on extremism and security threats within the U.S. military.

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