City of Chicago v. United States Department of Treasury, Bureau of Alcohol, Tobacco and Firearms

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
July 25, 2002
Before
Hon. WILLIAM J. BAUER, Circuit Judge
Hon. ILANA DIAMOND ROVNER, Circuit Judge
Hon. ANN CLAIRE WILLIAMS, Circuit Judge
No. 01-2167
CITY OF CHICAGO,
Plaintiff-Appellee,
v.
UNITED STATES DEPARTMENT OF
TREASURY, BUREAU OF ALCOHOL,
TOBACCO AND FIREARMS,
Defendant-Appellant.
Appeal from the United States District
Court for the Northern District
of Illinois, Eastern Division.
No. 00 C 3417
George W. Lindberg, Judge.
O R D E R
The opinion issued by this court on April 25, 2002 is hereby amended. The following
paragraph shall be inserted on the page eight of the opinion, after the first full paragraph:
We are not asking ATF to identify a specific instance in which the release of
information has interfered with enforcement proceedings - we concede that this
would be impossible, in light of the fact that this type of information has never before
been released, and until it has, it cannot be misused. Moreover, Robbins Tire makes
clear that a showing of specific instances of interference is not required. 437 U.S. at
236. But this does not end our inquiry. ATF’s evidence might predict a possible risk
of interference with enforcement proceedings, but these predictions are not

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No. 01-2167 Page 2
reasonable. Instead, ATF has provided us with only far-fetched hypothetical
scenarios; without a more substantial, realistic risk of interference, we cannot allow
ATF to rely on this FOIA exemption to withhold these requested records.
On consideration of the petition for rehearing and petition for rehearing en banc filed in the
case by defendant-appellant, the amicus curiae brief in support of rehearing filed by The Fraternal
Order of Police, the answer to the petition and the reply to the answer, no judge in active service has
requested a vote thereon and all of the judges on the original panel have voted to deny rehearing.
Accordingly, the petition for rehearing is DENIED.

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