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DOJ Has Not Filed Fourth Circuit Notice of Appeal in Natanson Case

The Lewis F. Powell Jr. United States Courthouse in Richmond, Virginia, home of the Fourth Circuit Court of Appeals, photographed at midday.
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TL;DR

Magistrate Judge William Porter ruled against the DOJ on February 24 over Hannah Natanson's devices, and the Fourth Circuit notice of appeal remains absent.

MSM Perspective

The Boston Globe's April 10 dispatch foregrounded the Pulitzer; the appellate silence has gone largely unmentioned by outlets that covered the original raid.

X Perspective

Press-freedom accounts treat the unfiled appeal as the operative fact, with RCFP filing a parallel FOIA suit for the underlying raid records.

The Justice Department has still not filed a Fourth Circuit notice of appeal in the Hannah Natanson matter. The deadline window opened the day Magistrate Judge William Porter ruled against the government on February 24, ordering the return of materials seized from the Washington Post reporter's devices. As of Tuesday morning, the docket carries no filing. [1]

The paper's Monday account of Markey-Moulton's five-day silence and the fifteenth week of the Natanson inquiry framed the absence as bounded negative evidence — what the institution has not done, recorded against what it might have done. Tuesday extends the bound by one more day. The DOJ's April 9 Eastern District of Virginia brief is the last substantive filing the public can read. [2]

The Reporters Committee for Freedom of the Press has continued litigating around the silence. Its newer FOIA suit, filed May 13 in the District of Columbia, seeks the underlying records on the raid itself — the affidavits, the approvals, the chain that authorized agents to seize a reporter's phones in November. [1] On X, RCFP framed the FOIA filing as a response to the DOJ's failure to produce records voluntarily.

What remains absent is the appellate vehicle that would let the government test Porter's ruling on the merits. Until that paper exists, the order stands and the materials Porter ordered returned are, by court instruction, to be returned. The paper will mark the next business day.

-- ANNA WEBER, Berlin

Sources & X Posts

News Sources
[1] https://www.rcfp.org/litigation/rcfp-v-oag-2/
[2] https://www.rcfp.org/natanson-post-search-ruling/
X Posts
[3] @rcfp has filed a new FOIA lawsuit against the Trump administration over its failure to produce records on the recent FBI raid of Washington Post reporter Hannah Natanson. https://x.com/rcfp/status/2058595383547134135

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