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United States Second Circuit


ACLU v. Dep’t of Justice, 10-4290

A district court judgment with respect to government decisions to withhold certain information from FOIA request responses is: 1) reversed in part, as to information in two DOJ Office of Legal counsel memoranda the district court ordered to be disclosed, where the redacted information was properly classified under FOIA Exemption 1 because it pertained to an intelligence activity; and 2) affirmed in part, as to information the district court found was properly withheld, where records relating to the CIA's use of waterboarding and a photograph of Abu Zubaydah taken while he was in CIA custody abroad were exempt from disclosure under FOIA Exemption 3.

Appellate Information

  • Decided 05/21/2012
  • Published 05/21/2012

Judges

  • Wesley

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • Alexander A. Abdo, Tara M. La Morte

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