Um...a plaintiff generally doesn't get discovery in an APA case. The Olenhaus case out of the 10th Circuit is the best discussion of that issue I've seen: APA cases follow the FRAP process, there is none of the usual FRCP pre-trial folderol (including discovery), and the review is on the Admin Record. I don't know of any D.C. Circuit case law that is that clearly on point, but I seem to recall that they follow a similar practice there.

I'm not a trained lawyer... I was trying to boil down the Brady arguments and offer some background.

I still would like to see the Justice Department's response to this lawsuit ... one of the Brady news releases stated the DoJ had responded.

Washington Post article: http://www.washingtonpost.com/wp-dyn/content/article/2009/02/16/AR2009021601151.html