⚖ Oral Arguments, with Context

The D.C. Circuit hears Andrea Conte’s challenge to the FBI’s response to a Freedom of Information Act request. Conte sought decades-old records about Warren Hart, whom he alleges worked as an FBI informant inside Baltimore’s Black Panther Party. The FBI released some records but withheld other material. It also refused to confirm or deny whether certain categories of records existed—a position known as a Glomar response. Conte says public testimony and historical documents have already revealed Hart’s alleged role. The district court ruled for the FBI and allowed it to submit a confidential declaration that Conte could not see. Conte will argue that existing disclosures defeat the refusal to acknowledge those files, and that more public explanation should have been required. The government will defend the confidentiality protections and argue that public allegations or another agency’s disclosures are not an official acknowledgment by the FBI. Listen for how a court can test a secrecy claim without revealing the information being withheld.

Andrea Conte, Appellant v. Federal Bureau of Investigation (No. 25-5432) — U.S. Court of Appeals for the D.C. Circuit, argued November 9, 2026.