Case Detail

FOIA Project Annotation: A federal court in Massachusetts has ruled that the CIA conducted an adequate search for records concerning its video reconstructing the crash of TWA Flight 800 and that it properly withheld records under Exemption 5 (deliberative process privilege) and Exemption 7(C) (invasion of privacy concerning law enforcement records). As part of the investigation of the crash of TWA Flight 800, the CIA was tasked with assessing eyewitness testimony suggesting that the plane was hit by a missile and explaining why the crash could have appeared that way from the ground. The CIA produced a video called 'TWA Flight 800: What Did Eyewitnesses See?" that aired on CNN explaining how two internal explosions to the plane could have been perceived as something externally hitting the plane. Thomas Stalcup, who believed the investigation was a government cover-up, requested documents related to the CIA's analysis, including interviews with eyewitnesses. Stalcup argued that the agency could not invoke Exemption 5 because of the governmental misconduct exception. While the court did not rule on the application of a governmental misconduct exception to FOIA, he rejected Stalcup's claims by noting that "he asserts that the CIA, in concert with the NTSB and the FBI, perpetrated a fraud on the public by conducting an inaccurate and untruthful investigation concerning the cause of the crash. . .He has not, however, provided any basis for his assertion that the specific documents at issue would shed light on the alleged governmental misconduct. . .Both documents significantly post-date the point at which plaintiff contends a decision was made to mislead the public by preparing the allegedly erroneous video. . ." Stalcup contended that there was no privacy interest in the names of eyewitnesses because such information was routinely disclosed in police reports. The court indicated that the privacy of eyewitnesses "is not conditioned on any promise or expectation of confidentiality." The court rejected Stalcup's claim that disclosure of the names of the eyewitnesses was in the public interest. The court observed that "Plaintiff already has access to the content of the eyewitness reports that actually describe the substance of what the eyewitnesses saw. The only way the release of the names of the eyewitnesses could further advance the public interest of letting citizens 'know what their government is up to' is if those eyewitnesses were contacted and asked to make further statements. Such contact is the exact invasion of privacy against which Exemption 7(C) is intended to protect. As such, it cannot justify the release of the information."
Issues: Adequacy - Search, Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2011-07-15	1	COMPLAINT against Central Intelligence Agency, U.S. Filing fee: $ 350, receipt number 0101-3499419 (Fee Status: Filing Fee paid), filed by Thomas Stalcup.(Latimer, Richard) (Additional attachment(s) added on 7/18/2011: # 1 Exhibits) (Danieli, Chris). (Main Document 1 replaced on 7/18/2011) (Danieli, Chris). (Entered: 07/15/2011)
2011-07-15	2	Civil Cover Sheet & Category Sheet by Thomas Stalcup. (Latimer, Richard) (Entered: 07/15/2011)
2011-07-15	3	Civil Cover Sheet & Category Sheet by Thomas Stalcup. (Latimer, Richard) (Entered: 07/15/2011)
2011-07-18		ELECTRONIC NOTICE of Case Assignment. Judge Douglas P. Woodlock assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Rynne, Michelle) (Entered: 07/18/2011)
2011-07-18	4	Summons Issued as to Central Intelligence Agency, U.S.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Danieli, Chris) (Entered: 07/18/2011)
2011-09-26	5	SUMMONS Returned Executed Central Intelligence Agency, U.S. served on 8/9/2011, answer due 10/11/2011. (Latimer, Richard) Modified on 10/11/2011 (York, Steve). (Entered: 09/26/2011)
2011-09-26	6	AFFIDAVIT OF SERVICE Executed by Central Intelligence Agency, U.S.. Central Intelligence Agency, U.S. served on 9/13/2011, answer due 10/4/2011. Acknowledgement filed by Central Intelligence Agency, U.S.. (Latimer, Richard) (Entered: 09/26/2011)
2011-10-11		Set/Reset Deadlines: Central Intelligence Agency, U.S. Answer due by 10/11/2011. (York, Steve) (Entered: 10/11/2011)
2011-10-19	7	NOTICE of Appearance by Michael P. Sady on behalf of Central Intelligence Agency, U.S. (Sady, Michael) (Entered: 10/19/2011)
2011-10-19	8	Joint MOTION to Stay by Central Intelligence Agency, U.S..(Sady, Michael) (Entered: 10/19/2011)
2011-10-31		Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting 8 Joint Motion to Stay this action from all proceedings up to andincluding February 1, 2012. (Lovett, Jarrett) (Entered: 10/31/2011)
2012-01-31	9	Joint MOTION to Continue Stay to 4/3/12 by Central Intelligence Agency, U.S..(Sady, Michael) (Entered: 01/31/2012)
2012-01-31		Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting 9 Joint MOTION to Continue Stay to 4/3/12 by Central Intelligence Agency, U.S. (Lovett, Jarrett) (Entered: 01/31/2012)
2012-04-02	10	Joint MOTION to Stay by Central Intelligence Agency, U.S..(Sady, Michael) (Entered: 04/02/2012)
2012-05-21	11	Joint MOTION to Continue Stay to 6/29/12 by Central Intelligence Agency, U.S..(Sady, Michael) (Entered: 05/21/2012)
2012-06-05		Judge Douglas P. Woodlock: ORDER entered finding as moot 10 Joint Motion to Stay; granting 11 Joint Motion to Continue Stay Until 6/29/12. (Lovett, Jarrett) (Entered: 06/05/2012)
2012-06-29	12	Joint MOTION to Continue Stay to 8/10/12 by Central Intelligence Agency, U.S..(Sady, Michael) (Entered: 06/29/2012)
2012-07-02		Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting 12 Joint Motion to Continue Stay Until 8/10/12. (Lovett, Jarrett) (Entered: 07/02/2012)
2012-07-30	13	Case randomly reassigned to Judge F. Dennis Saylor, IV upon his transfer to Boston. Judge Douglas P. Woodlock no longer assigned to the case. (Abaid, Kimberly) (Entered: 07/30/2012)
2012-08-13	14	Joint MOTION to Continue Stay to September 10, 2012 by Central Intelligence Agency, U.S..(Sady, Michael) (Entered: 08/13/2012)
2012-08-23	15	Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting 14 Motion to Continue. The parties will file a joint status report on or before 9/10/12. (Nicewicz, Craig) (Entered: 08/23/2012)
2012-09-10	16	STATUS REPORT Joint by Central Intelligence Agency, U.S.. (Sady, Michael) (Entered: 09/10/2012)
2012-10-24	17	STATUS REPORT by Central Intelligence Agency, U.S.. (Sady, Michael) (Entered: 10/24/2012)
2012-10-25	18	Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered re 17 status report. STAY extended until December 10, 2012. Status conference set for December 13, 2012, at 3:00 PM in Courtroom 2 before Judge F. Dennis Saylor IV.(Cicolini, Pietro) (Entered: 10/25/2012)
2012-12-13	19	ELECTRONIC Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Status Conference held on 12/13/2012. Case called. FOIA papers are being reviewed, but additional time requested to complete review and request additional documents. No trial is expected. Further status conference set for February 4, 2013, at 2:00 PM in Courtroom 2 before Judge F. Dennis Saylor IV. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Latimer, Sady) (Cicolini, Pietro) (Entered: 12/13/2012)
2013-02-04	20	ELECTRONIC Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Status Conference held on 2/4/2013. Case called. Documents need additional time to review. Court sets dispositive motions deadline. Motions due by April 8, 2013. Further Status Conference set for March 8, 2013, at 2:00 PM in Courtroom 2 before Judge F. Dennis Saylor IV. (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Latimer (telephonic), Sady) (Cicolini, Pietro) (Entered: 02/04/2013)
2013-03-08	21	ELECTRONIC Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Status Conference held on 3/8/2013. Case called. Atty Latimer not present. Case status reviewed. Dispositive motions deadline is extended to April 15, 2013. A further status conference is set for 3/19/2013 at 2:00 PM in Courtroom 2 before Judge F. Dennis Saylor IV. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Sady) (Cicolini, Pietro) (Entered: 03/08/2013)
2013-03-19	22	ELECTRONIC Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Status Conference held on 3/19/2013. Case called. Documents are still being reviewed. Court orders the parties to meet and confer by April 2, 2013, to narrow the issues and make clear what remains in dispute. Court extends the deadline for dispositive motions. Dispositive motions are due 4/29/2013. Responses due 5/20/2013. Motion Hearing set for 5/29/2013 at 10:00 AM in Courtroom 2 before Judge F. Dennis Saylor IV. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Latimer (telephonic), Sady) (Cicolini, Pietro) (Entered: 03/19/2013)
2013-03-19	23	Reset Deadlines: Motions due by 4/29/2013 (Cicolini, Pietro) (Entered: 03/19/2013)
2013-04-26	24	NOTICE of Appearance by Rayford A. Farquhar on behalf of Central Intelligence Agency, U.S. (Farquhar, Rayford) (Entered: 04/26/2013)
2013-04-26	25	MOTION for Extension of Time to May 15, 2013 to File the Defendant's Dispositive Motion by Central Intelligence Agency, U.S..(Farquhar, Rayford) (Entered: 04/26/2013)
2013-04-29	26	Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting 25 Motion for Extension of Time. Dispositive Motions due by May 15, 2013. Any opposition to a dispositive motion is now due June 5, 2013. Notice of reset motion hearing to issue separately. (Cicolini, Pietro) (Entered: 04/29/2013)
2013-04-29	27	ELECTRONIC NOTICE Resetting Hearing on Motion. Motion Hearing reset to June 14, 2013, at 2:00 PM in Courtroom 2 before Judge F. Dennis Saylor IV. (Cicolini, Pietro) (Entered: 04/29/2013)
2013-05-15	28	MOTION for Leave to File Excess Pages by Central Intelligence Agency, U.S..(Sady, Michael) (Entered: 05/15/2013)
2013-05-15	29	MOTION for Summary Judgment by Central Intelligence Agency, U.S..(Sady, Michael) (Entered: 05/15/2013)
2013-05-15	30	MEMORANDUM in Support re 29 MOTION for Summary Judgment filed by Central Intelligence Agency, U.S.. (Attachments: # 1 Declaration of Robert L. Roland)(Sady, Michael) (Entered: 05/15/2013)
2013-05-16	31	Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting 28 Motion for Leave to File Excess Pages. (Cicolini, Pietro) (Entered: 05/16/2013)
2013-05-28	32	ELECTRONIC NOTICE Resetting Hearing on 29 MOTION for Summary Judgment : Motion Hearing reset to July 11, 2013, at 11:00 AM in Courtroom 2 before Judge F. Dennis Saylor IV.(Cicolini, Pietro) (Entered: 05/28/2013)
2013-06-04	33	Assented to MOTION for Extension of Time to File Response/Reply by Thomas Stalcup.(Latimer, Richard) (Entered: 06/04/2013)
2013-06-04	34	Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting 33 Motion for Extension of Time to File Response re 29 MOTION for Summary Judgment . Responses due by 6/12/2013 (Cicolini, Pietro) (Entered: 06/04/2013)
2013-06-11	35	Emergency MOTION for Leave to File Brief in Excess of Twenty Pages by Thomas Stalcup.(Latimer, Richard) (Entered: 06/11/2013)
2013-06-11	36	Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting 35 Motion for Leave to File Document with excess pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Cicolini, Pietro) (Entered: 06/11/2013)
2013-06-12	37	Opposition re 29 MOTION for Summary Judgment filed by Thomas Stalcup. (Latimer, Richard) (Entered: 06/12/2013)
2013-06-12	38	MEMORANDUM in Opposition re 29 MOTION for Summary Judgment filed by Thomas Stalcup. (Latimer, Richard) (Entered: 06/12/2013)
2013-06-12	39	AFFIDAVIT in Opposition re 29 MOTION for Summary Judgment Dwight Brumley filed by Thomas Stalcup. (Latimer, Richard) (Entered: 06/12/2013)
2013-06-12	40	Second AFFIDAVIT in Opposition re 29 MOTION for Summary Judgment Phyllis Torney filed by Thomas Stalcup. (Latimer, Richard) (Entered: 06/12/2013)
2013-06-12	41	Third AFFIDAVIT in Opposition re 29 MOTION for Summary Judgment Lisa Spenser-Perry filed by Thomas Stalcup. (Latimer, Richard) (Entered: 06/12/2013)
2013-06-14	42	Fourth AFFIDAVIT in Opposition re 29 MOTION for Summary Judgment Thomas Stalcup filed by Thomas Stalcup. (Attachments: # 1 Exhibit Exhibit A - NYSB Witness Group Study Report 2/9/00)(Latimer, Richard) (Entered: 06/14/2013)
2013-06-14	43	EXHIBIT B-1 -NTSB Witness Group Factual Report by Thomas Stalcup. (Attachments: # 1 Exhibit Exhibit B-2 to Stalcup Affidavit)(Latimer, Richard) (Entered: 06/14/2013)
2013-06-14	44	EXHIBIT C - FBI Interview Witness 73 by Thomas Stalcup. (Attachments: # 1 Exhibit Exhibit D - FBI Interview Witness 80, # 2 Exhibit FBI Interview Witness 66, # 3 Exhibit Exhibit F - FBI Interview Witness 88, # 4 Exhibit Exhibit G - FBI Interview Witness 675)(Latimer, Richard) (Entered: 06/14/2013)
2013-06-14	45	EXHIBIT H - NTSB Final Report 8/23/00 by Thomas Stalcup. (Latimer, Richard) (Entered: 06/14/2013)
2013-06-14	46	EXHIBIT I - Internal CIA E-mail re. "hold the press" 7/30/96 by Thomas Stalcup. (Latimer, Richard) (Entered: 06/14/2013)
2013-06-14	47	EXHIBIT J - Re. CIA Video Manually Filed by Thomas Stalcup. (Attachments: # 1 Exhibit Exhibit K - FBI Press Release 11/18/97, # 2 Exhibit Exhibit L - Internal CIA Email re. new radar data 10/27/97)(Latimer, Richard) (Entered: 06/14/2013)
2013-06-14	48	EXHIBIT M-1 - CIA Technical Briefting to Jas. Kallstrom 3/28/97 by Thomas Stalcup. (Attachments: # 1 Exhibit Exhbit M-2 - Kallstrom Briefing, # 2 Exhibit Exhibit M-3 - Kallstrom Briefing, # 3 Exhibit Exhibit M-4 - Kallstrom Briefing, # 4 Exhibit Exhibit M-5 - Kallstrom Briefing, # 5 Exhibit Exhibit M-6 - Kallstrom Briefing)(Latimer, Richard) (Entered: 06/14/2013)
2013-06-14	49	EXHIBIT N-1 - Stalcup Petition to NTSB 5/20/02 by Thomas Stalcup. (Attachments: # 1 Exhibit Exhibit N-2 - Stalcup Petition, # 2 Exhibit Exhibit N-3 - Stalcup Petition, # 3 Exhibit Exhibit N-4 - Slacup Petition, # 4 Exhibit Exhibit N-5 - Stalcup Petition, # 5 Exhibit Exhibit N-6 - Stalcup Petition)(Latimer, Richard) (Entered: 06/14/2013)
2013-06-14	50	EXHIBIT O - NTSB Main Wreckage Flight Path Study 11/21/97 by Thomas Stalcup. (Attachments: # 1 Exhibit Exhibit P - FBI Ltr. to NTSB Chairman 12/3/97, # 2 Exhibit Exhibit Q - NTSB Chairman Letter to FBI 12/3/97)(Latimer, Richard) (Entered: 06/14/2013)
2013-06-14	51	EXHIBIT R-1 - NTSB Witness Group Chairman's Factual Report 2/9/00 by Thomas Stalcup. (Attachments: # 1 Exhibit Exhibit R-2 - NTSB Witness Groupd Chairman Factual Report)(Latimer, Richard) (Entered: 06/14/2013)
2013-06-14	52	EXHIBIT S - CIA Dir. Tenet Letter to NTSB 3/15/99 by Thomas Stalcup. (Attachments: # 1 Exhibit Exhibit T - Transcript NTSB Hearing 8/22/00 -8/23/00, # 2 Exhibit Exhibit U - Suffolk County PD Letter to FBI 9/18/96)(Latimer, Richard) (Entered: 06/14/2013)
2013-06-14	53	EXHIBIT V - FBI Interview Witness 649 by Thomas Stalcup. (Attachments: # 1 Exhibit Exhibit W - Diagram by Witness 649, # 2 Exhibit Exhibit X - FBI Interview Witness 364, # 3 Exhibit Exhibit Y - FBI Interview Witness 166, # 4 Exhibit Exhibit Z - FBI Interview Witness 75, # 5 Exhibit Exhibit AA - FBI Interview Witness 571, # 6 Exhibit Exhibit BB - Affidavit Mike Wire 6/28/03, # 7 Exhibit Exhibit CC - FBI Interview Witness 32)(Latimer, Richard) (Entered: 06/14/2013)
2013-06-14	54	NOTICE of Withdrawal of Appearance by Rayford A. Farquhar (Farquhar, Rayford) (Entered: 06/14/2013)
2013-06-14	55	EXHIBIT DD - Affidavit of Paul Angelides 1//3/03 by Thomas Stalcup. (Attachments: # 1 Exhibit Exhibit EE - FBI Interview 150, # 2 Exhibit Exhibit FF - Lisa Perry Letter to FBI 8/11/98)(Latimer, Richard) (Entered: 06/14/2013)
2013-06-14	56	EXHIBIT GG - Internal CIA Email, FBI Critique by Thomas Stalcup. (Attachments: # 1 Exhibit Exhibit HH -1 - Internsal CIA Email, MSIC Critique, # 2 Exhibit Exhibit HH-2 - Internal CIA Email, MSIC Critique, # 3 Exhibit Exhibit HH-3 - Internal CIA Email, MSIC Critique)(Latimer, Richard) (Entered: 06/14/2013)
2013-06-14	57	EXHIBIT GG - CIA resp. to FBI Critique 4/29/97 by Thomas Stalcup. (Attachments: # 1 Exhibit Exhibit HH-1 - CIA resp. to MSIC Critique 8/6/97, # 2 Exhibit Exhibit HH-2 - CIA resp. to MSIC Critique, # 3 Exhibit Exhibit HH-3 - CIA resp. to MSIC Critique)(Latimer, Richard) (Entered: 06/14/2013)
2013-06-14	58	NOTICE OF MANUAL FILING by Thomas Stalcup re 42 Affidavit in Opposition to Motion. The filing includes 2 compact discs: CD containing Exhibit J, "CIA Animation," and another CD containing Exhibit KK, "Stalcup Animation." (Cicolini, Pietro) (Entered: 06/14/2013)
2013-06-14	59	EXHIBIT II - CIA File re. raw FAA radar data 10/22/97 by Thomas Stalcup. (Attachments: # 1 Exhibit Exhibit JJ - NTSB Addendum Main Wreckage Flight Path Study 1/31/00, # 2 Exhibit Exhibit KK - Stalcup Video, DVD filed manually, # 3 Exhibit Exhibit LL - NTSB Metallurgy/structural Fact Report 4/8/97)(Latimer, Richard) (Entered: 06/14/2013)
2013-06-14	60	EXHIBIT MM - Analyst Report to FBI re. aircraft penetrations 7/13/97 by Thomas Stalcup. (Attachments: # 1 Exhibit Exhibit NN - NTSB Report examination of small holes, 4/29/97, # 2 Exhibit Exhibit OO - Botts, R., Missile Impact Analysis 12/2/97, # 3 Exhibit Exhibit PP - FBI Lab Report re explosive traces 3/29/97)(Latimer, Richard) (Entered: 06/14/2013)
2013-06-17	61	Judge F. Dennis Saylor, IV: ORDER entered. ORDER LIFTING STAY. Hearing on 29 MOTION for Summary Judgment is set for July 11, 2013, at 11:00 AM in Courtroom 2 before Judge F. Dennis Saylor IV.(Cicolini, Pietro) (Entered: 06/17/2013)
2013-06-19	62	MOTION for Leave to File Amended Brief by Thomas Stalcup. (Attachments: # 1 Amended Brief)(Latimer, Richard) (Entered: 06/19/2013)
2013-06-21	63	Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting 62 Motion for Leave to File Amended Brief; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Cicolini, Pietro) (Entered: 06/21/2013)
2013-06-21	64	Amended MEMORANDUM in Opposition re 29 MOTION for Summary Judgment filed by Thomas Stalcup. (Latimer, Richard) (Entered: 06/21/2013)
2013-07-03	65	REPLY to Response to 62 MOTION for Leave to File Amended Brief filed by Central Intelligence Agency, U.S.. (Attachments: # 1 Exhibit)(Sady, Michael) (Entered: 07/03/2013)
2013-07-11	66	ELECTRONIC Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Motion Hearing held on 7/11/2013 re 29 MOTION for Summary Judgment filed by Central Intelligence Agency, U.S. Case called. Counsel and plaintiff appear for motion hearing. Court hears argument on motion and takes it UNDER ADVISEMENT. (Court Reporter: Donald Womack at womack@megatran.com.)(Attorneys present: Sady, Latimer) (Cicolini, Pietro) (Entered: 07/11/2013)
2013-09-05	67	Judge F. Dennis Saylor, IV: MEMORANDUM AND ORDER entered. Defendant's 29 MOTION for Summary Judgment is granted.(Cicolini, Pietro) (Entered: 09/05/2013)
2013-09-11	68	Judge F. Dennis Saylor, IV: ORDER entered. JUDGMENT (Cicolini, Pietro) (Entered: 09/11/2013)
Hide Docket Events