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In re Sealed Case 00-5116

Appellants' request for attorneys' fees exceeding the $125 per hour typically provided under the Equal Access to Justice Act (EAJA) rejected because the "special factors" that appellants alleged limited the pool of available counsel were not the type of special factors contemplated by the EAJA.

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On Appellants’ Motion for Attorneys’ Fees

In In re Sealed Case, we held that the Federal Election Commission (FEC) unquestionably violated its authorizing statute and its own regulations by placing information about an ongoing investigation in the public record as part of a subpoena enforcement action. 237 F.3d 657, 667 (D.C. Cir. 2001). Now, Appellants in that case apply for fees and expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. � 2412. Appellants argue that they are entitled to attorney fees exceeding the $125 per hour typically provided under the Act. Appellants suggest that the higher fees are justified by special factors that limited the pool of available counsel. See id. � 2412(d)(2)(A). Specifically, they contend the pool was limited because the case required attorneys who specialize in federal election law, are experienced in federal litigation, and were familiar with the sealed administrative record. Appellants further suggest that the FEC’s strident insistence on placing the information on the public record with less than 24 hours notice precluded them from looking for other counsel. Because these limitations are not the type of “special factors” contemplated by the Act, see F.J. Vollmer Co. v. Magaw, 102 F.3d 591, 598 (D.C. Cir. 1996), we award Appellants the expenses for which they have applied and fees calculated at the standard EAJA rate.

I. BACKGROUND

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