mr. lebeau, after he had done a foia request and the fbi said they had no response of records. it was fairly apparent that the reason that they were saying that was that they had relied on an exclusion, and so in the administrative appeal, and in the lawsuit, we asserted that the fbi was relying on this exemption, and that it was improperly relying on the exemption, because c1 requires th unaware of the investigation. he was quite aware of it. i showed him the transcript from the deposition. so he knew thatatn was ongoing, so we challenged the investigation on that ground. the fbi said, well, to do is submit a secret brief to the court, in which we say whether or not there is actually material redacted under, or not redacted but information that they can't even acknowledge under c1, and asked the court to issue an opinion which says if exemption c1 was relied on, then it was proper. if it was not relied on, then there are no documents, and you have no way of really reviewing that, so we run into some of the same problems, that avalon had. what's a little bit different in this c