The date today is January 25, 2002 and we are continuing with the Oral History
interview of Judge Silberman on behalf of the D.C. Circuit Historical Society.
MR. RASENBERGER: Judge Silberman, the last session we had was devoted
almost entirely to your experiences as Deputy Attorney General and Acting Attorney General in
the Nixon Administration basically.
JUDGE SILBERMAN: No. For most of that was in the Ford.
MR. RASENBERGER: That’s right.
JUDGE SILBERMAN: The first six months is Nixon and the rest are Ford.
MR. RASENBERGER: That’s right. And then I am going to ask you a little bit
about your decision not to stay on with Ford. But there was loose item from last time and that
concerned J. Edgar Hoover’s secret files, and we had talked about what ever happened to those in
terms of the expected, or at least what you or I would expect, FOIA request to see those secret
documents which you had seen.
JUDGE SILBERMAN: Did you see the case?
MR. RASENBERGER: And you sent me–yes, the case. I just want to refer to it
on the record here: Summers v. Department of Justice, and the opinion, your concurring opinion,
140 F.3d 1077, which deals with this very issue comes about as close as your telling what you’re
allowed to tell as possible. In that case, as I recall, the opinion was a remand to the District
Court. Is that were it still stands?
JUDGE SILBERMAN: I checked after our interview. I had my clerk check it;