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National Security Archive Announces Decisions in Two FOIA Cases

  • Court Permits CIA to Withhold Historic President’s Daily Briefs, But Denies Categorical Exemption for PDBs: “The Ninth Circuit Court of Appeals this week held that the disclosure under the Freedom of Information Act of two Presidential Daily Briefs written for President Lyndon B. Johnson in the 1960s could “reveal protected intelligence sources and methods.” The Court rejected, however, the Central Intelligence Agency’s “attempt to create a per se status exemption for PDBs.”
  • Court Rejects Wiretapping Secrecy Claims, Orders New Index of Documents and More Detailed Reasons for Withholding: “The United States District Court for the District of Columbia today largely rejected the government’s attempt to withhold without explanation all records concerning its warrantless wiretapping surveillance program. In a Freedom of Information Act law suit brought by the National Security Archive, along with the Electronic Privacy Information Center and the American Civil Liberties Union, the Court rejected the summary explanations and declarations of the government.”
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