United States Ninth Circuit

Two highly classified CIA reports summarizing the most important and timely intelligence relating to the United States' national defense and foreign policy priorities from the administration of President Lyndon B. Johnson are exempt from disclosure under the Freedom of Information Act (FOIA) as the CIA provided ample justification that the disclosure of the two reports would reveal protected intelligence sources and methods.

Appellate Information

• Argued 07/10/2007
• Decided 09/04/2007
• Published 09/04/2007

Judges

• FISHER, Circuit Judge:, Before:  DAVID R. THOMPSON, PAMELA ANN RYMER and RAYMOND C. FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Thomas R. Burke and Duffy Carolan (argued), Davis Wright Tremaine LLP, San Francisco, CA;  and Meredith Fuchs, The National Security Archive, Washington, DC, for plaintiff-appellant., Matthew W.S. Estes, Washington, DC, for the amici curiae The American Historical Association, et al.


• For Appellees:
  
• Peter D. Keisler, McGregor W. Scott, Mark B. Stern (argued) and Alisa B. Klein, U.S. Department of Justice, Washington, D.C., for defendant-appellee.