United States Second Circuit

In this Freedom of Information Act (FOIA) suit, plaintiff seeks government disclosure of certain videos and photographs of a high-profile Guantanamo Bay detainee who is believed to be involved in the September 11, 2011 terrorist attacks. Judgment of the district court granting summary judgment in favor of defendants is affirmed, where the government has met its burden of establishing that these images are exempt from disclosure pursuant to FOIA Exemption 1, which authorizes non-disclosure of records properly authorized by Executive Order to be kept secret in the interest of "national defense or foreign policy", as release of such images could logically and plausibly harm national security.

Appellate Information

• Decided 09/02/2014
• Published 09/02/2014

Judges

• Cabranes

Court

• United States Second Circuit

Counsel