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July 22, 2009

A Pro Se victory over the Navy

Suits & Sentences offers a tip of the hat to Jackson L. McGrady, who on Wednesday prevailed over the Department of the Navy in a Freedom of Information Act dispute. McGrady beat the Navy despite the fact that he was proceeding pro se, representing himself against the Navy's professionals. He even won the admiration of U.S. District Judge Gladys Kessler, who noted:

"Plaintiff may be pro se but his pleadings were as clear, well-written, and well-reasoned as those submitted by most practicing lawyers."

Actually, Kessler added, "there is some documentary evidence to suggest" that McGrady himself is a trained attorney. Indeed, a two-second Google search suggests McGrady serves or has served as senior associate counsel for the U.S. Marine Corps Combat Development Command. But still: self-representation is no easy feat.

McGrady, himself a former Marine Corps major, had requested copies of the documents associated with the Marine Corps' promotion boards that convened in 2004-2005 to select new lieutenant colonels. The Navy contended the documents sought were "proceedings" that could be properly withheld. McGrady said they weren't "proceedings," and Kessler agreed, reasoning:

"They are simply a compilation of data, and a tool, albeit a very important one, used by Selection Boards."

The promotion documents -- called "master brief sheets" -- were noted by Kessler to "provide the the data used during the  process, not the substance of the deliberations." Kessler's decision means the Marine Corps must cough up the documents sought by McGrady, who is apparently seeking evidence as part of a separate claim he pursuing over what he deems an unjust denial of promotion.

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mike

"Suits & Sentences" is a legal affairs blog written by Michael Doyle, a reporter for McClatchy's Washington Bureau. He was a Knight Journalism Fellow at Yale Law School, where he earned a Master of Studies in Law; he also earned a Masters in Government from The Johns Hopkins University with a thesis on the Freedom of Information Act. He teaches journalism as an adjunct instructor at The George Washington University's School of Media and Public Affairs.

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