3Release Panel accepted an administrative appeal, but failed tomake a determination within twenty days as FOIA requires.
§ 552(a)(6)(A)(ii). The ACLU then filed suit againstthe CIA in the United States District Court for the District of Columbia, seeking the immediate processing and release of therequested records.
§ 552(a)(4)(B). The CIA moved for summary judgment. It asserted that theanswer to the question of whether it possessed responsiverecords was itself exempt from disclosure under FOIAExemptions 1 and 3.
§ 552(b)(1), (3). And it rejectedthe ACLU’s contention that there had been official publicacknowledgments that warranted overriding the Agency’sexemption claims. In support of those arguments, the CIAsubmitted the affidavit of Mary Ellen Cole, the InformationReview Officer for the Agency’s National Clandestine Service,who explained at some length why the CIA believed its
response was justified.
Declaration of Mary Ellen Cole(Cole Decl.).On September 9, 2011, the district court granted the CIA’smotion for summary judgment.
Am. Civil Liberties Union v.Dep’t of Justice
, 808 F. Supp. 2d 280, 284 (D.D.C. 2011). Thecourt agreed with the CIA that the existence
of responsive records was exempt under both Exemptions 1 and 3,and that there had been no official acknowledgment sufficient tooverride those exemptions. As a consequence, the court held,the CIA was not required to confirm or deny that it had anyresponsive records, let alone describe any specific documents itmight have or explain why any such documents were exemptfrom disclosure. The ACLU filed a timely appeal.
which had reputedly been used in an attempt to recover a lost Sovietsubmarine. 546 F.2d 1009 (D.C. Cir. 1976);
see Military AuditProject v. Casey
, 656 F.2d 724 (D.C. Cir. 1981).
USCA Case #11-5320 Document #1425559 Filed: 03/15/2013 Page 3 of 19