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We Can Neither Confirm Nor Deny the Winner of SEC Lawsuit

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  1. Freedom of Information
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A stock analyst who combs Securities and Exchange Commission records for indications of investigations it has pending won a partial victory to get more data from the agency under FOIA. A U.S. District Judge in Minnesota ordered the SEC to process 10 pending requests. But the judge balked at directing the agency to stop giving the analyst, John Gavin, a so-called “Glomar” response in which it neither confirms nor denies the existence of information. The government saw the ruling as a victory because it could continue to keep secret the fact of an investigation. (10/31/05)