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Judge Boasberg Rules Against Whistleblowers

In a whistleblower case by six current and former FDA employees for monitoring of private emails, last week, a federal judge decided that the FDA was justified in redacting certain information contained in documents requested by the National Whistleblower Center.  The employees claim that their emails were monitoring after complaints to certain congressional members about the FDA’s approval process for medical devices.

District Court Judge James Boasberg wrote, “[h]aving now reviewed all of the challenged documents in camera, the Court finds that they “do not reflect any governmental impropriety, but rather are ‘part of the legitimate governmental process intended to be protected by’ the Freedom of Information Act.”

The Court, after reviewing the 1,500 documents in question , ruled that “the documents in question do not reflect the sort of governmental impropriety necessary to defeat the legal privileges invoked by (the FDA) and were thus properly withheld or redacted” the FOIA exemption.

This is an unfortunate ruling for the whistleblowers involved.

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