Tuesday, August 28, 2012

Court Order Denying Access to CIA Files

From 2010, here is a copy of the court order in which a U.S. District Court Judge denied a request, submitted under the Freedom of Information Act (FOIA) by the American Civil Liberties Union (ACLU), for materials on the treatment of detainees found in CIA files. More specifically, the ACLU requested documents concerning enhanced interrogation methods.

The principal argument made by the judge was that FOIA gave broad discretion to the government to withhold information concerning the methods and sources for gathering intelligence. The judge asserted that he was unwilling to “second-guess the CIA Director regarding the appropriateness of any particular intelligence source or method” and that documents properly classified under executive order were exempt from mandatory release under FOIA, even if these documents might contain evidence of illegal actions by the CIA.

Order and Opinion Denying Plaintiff's Motion for Reconsideration: FOIA Exemption Three Applies Despite Claims That Underlying Intelligence Sources or Methods Violate the Constitution or Statutes of the United States

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