The lawsuit claimed two specific violations of the Freedom of Information Act. It said the Pentagon clearly did not conduct a reasonable search for documents responsive to her request, as required by law, and that it then failed to make documents available that did respond to the request. The lawsuit asks that the court declare the documents public records, order the Pentagon to make them available, and make the Pentagon pay her lawyers.
This is not the first time Rosenberg" has sparred with the Pentagon in her efforts to cover Guantánamo. In 2010, she was one of four journalists the Pentagon attempted to ban from covering Guantánamo over the publication of the name of a witness who was testifying there. The ban was lifted after Rosenberg, the Miami Herald and McClatchy, which owns the Herald, threatened legal action. In June this year, the Defense Department bowed to a lawsuit Rosenberg had filed and released the names of so-called "indefinite detainees" at Guantánamo -- men that the Obama administration had determined in 2009 were too dangerous to release but against whom no criminal charges would be brought.
Pentagon spokesman Army Lt. Col. Todd Breasseale said the Defense Department was aware of the suit but referred questions to the Department of Justice, where the outgoing message said no one would be available to respond to a call until Congress votes to fund the government.
U.S. District Court Judge Beryl Howell, whom Obama appointed to the bench in 2010, has the case.