After a U.S. judge ordered the FBI to produce the information, the bureau said that it should not be required to hand it over because of exemptions to the Freedom of Information Act (FOIA). And if the bureau still had to produce the information, government lawyers said it should have 66 years because it needs to review the information and redact certain information.

Ty Clevenger, the attorney representing Brian Huddleston, the Texas man who sued the FBI over the information, disagreed.

He told the judge in the new filing that the FBI failed to brief on the exemptions it is now claiming following the judge rejecting an attempt to shield the information because of privacy concerns for Rich's relatives. That failure means the FBI cannot now rely on the exemptions, Clevenger said.