Case Detail

FOIA Project Annotation: Judge James Boasberg has ruled that the CIA did not waive its Exemption 1 (national security) claim for a 1989 document entitled "End of Tour Report (Addendum) General Perrotts." The National Security Archive, which requested the document in a FOIA request in 2021, argued that the report, with minor redactions, had been published with CIA approval in Volume IV of the Department of State's "Foreign Relations of the United States," and that the disclosure mooted any exemption claims. NSA argued that the official acknowledgement doctrine applied since the CIA's historical document staff had approved the disclosure, binding the rest of the agency on its behalf. However, Boasberg noted that "the transcript contained in Volume IV was not made public through an 'official and disclosure' by the CIA. The Government's declarations confirm that the CIA â€" and this includes the agency and its 'components' â€" was not properly involved in the document's disclosure. Plaintiff's failure to show that the third precondition of the official-acknowledgement doctrine [that disclosure was made through an official and documented disclosure] was satisfied is enough to render the doctrine inapplicable here." NSA also argued that the document was now in the public domain. Boasberg rejected that claim as well. He indicated that "the Court begs Plaintiff's indulgence, as it must be vague. It assures NSA, based on its review in camera of the documents, that the Agency has diligently explained in those declarations why it must continue to withhold the contents of the Perroots Memo despite the FRUS publication, and it has done so with specific reasons and support."
Issues: Exemption 1 - Properly classified

Date Filed	Doc #	Docket Text
2021-10-27	1	COMPLAINT against CENTRAL INTELLIGENCE AGENCY ( Filing fee $ 402 receipt number ADCDC-8828501) filed by NATIONAL SECURITY ARCHIVE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet, # 6 Summons, # 7 Summons)(Jacobs, Hilary) (Entered: 10/27/2021)
2021-10-28		Case Assigned to Judge James E. Boasberg. (adh, ) (Entered: 10/28/2021)
2021-10-28	2	SUMMONS (2) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 10/28/2021)
2021-10-28	3	NOTICE OF RELATED CASE by NATIONAL SECURITY ARCHIVE. Case related to Case No. 19-cv-529. (Jacobs, Hilary) (Main Document 3 replaced on 11/1/2021) (znmw). (Entered: 10/28/2021)
2021-10-28	4	REQUEST for Summons to Issue by NATIONAL SECURITY ARCHIVE. (Jacobs, Hilary); Modified docketing event and text on 10/29/2021 (ztth). (Entered: 10/28/2021)
2021-10-29	5	SUMMONS (1) Issued Electronically as to U.S. Attorney. (ztth) (Entered: 10/29/2021)
2021-11-24	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/4/2021. Answer due for ALL FEDERAL DEFENDANTS by 12/4/2021. (Attachments: # 1 Proof of Service)(Jacobs, Hilary) (Entered: 11/24/2021)
2021-11-24	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/1/2021., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTRAL INTELLIGENCE AGENCY served on 11/1/2021. (See Docket Entry 6 to view document). (znmw) (Entered: 12/02/2021)
2021-12-05	8	NOTICE of Appearance by Thomas Anthony Quinn on behalf of All Defendants (Quinn, Thomas) (Entered: 12/05/2021)
2021-12-05	9	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Text of Proposed Order)(Quinn, Thomas) (Entered: 12/05/2021)
2021-12-06		MINUTE ORDER GRANTING Unopposed 9 Motion for Extension of Time. The Court ORDERS that Defendant shall file its Answer or otherwise respond to Plaintiff's Complaint by January 7, 2022. So ORDERED by Judge James E. Boasberg on 12/6/2021. (lcjeb2) (Entered: 12/06/2021)
2021-12-06		Set/Reset Deadlines: Answer due by 1/7/2022. (nbn) (Entered: 12/06/2021)
2022-01-04	10	ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY.(Quinn, Thomas) (Entered: 01/04/2022)
2022-01-04		MINUTE ORDER: The Court ORDERS that the parties shall confer and submit a joint proposed briefing schedule by January 18, 2022. So ORDERED by Judge James E. Boasberg on 1/4/2022. (lcjeb2) (Entered: 01/04/2022)
2022-01-04		Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 1/18/2022. (nbn) (Entered: 01/04/2022)
2022-01-18	11	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Quinn, Thomas) (Entered: 01/18/2022)
2022-01-19		MINUTE ORDER: The Court ADOPTS the parties' 11 Joint Status Report and ORDERS that they shall file a further joint status report by March 31, 2022. So ORDERED by Judge James E. Boasberg on 1/19/2022. (lcjeb2) (Entered: 01/19/2022)
2022-01-19		Set/Reset Deadlines: Joint Status Report due by 3/31/2022. (nbn) (Entered: 01/20/2022)
2022-03-31	12	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Quinn, Thomas) (Entered: 03/31/2022)
2022-03-31		MINUTE ORDER: The Court ADOPTS the parties' 12 Joint Status Report and ORDERS that they shall file a further joint status report by April 29, 2022. So ORDERED by Judge James E. Boasberg on 3/31/2022. (lcjeb2) (Entered: 03/31/2022)
2022-03-31		Set/Reset Deadlines: Status Report due by 4/29/2022. (nbn) (Entered: 03/31/2022)
2022-03-31		ENTERED IN ERROR ON THE WRONG CASE #.....Set/Reset Deadlines: Status Report due by 5/13/2022. (nbn) Modified on 3/31/2022 (znbn). (Entered: 03/31/2022)
2022-04-29	13	Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Exhibit)(Quinn, Thomas) (Entered: 04/29/2022)
2022-05-02		MINUTE ORDER: The Court ORDERS that the parties shall appear for a Zoom hearing to discuss their latest Joint Status Report on May 6, 2022, at 2:00 p.m. So ORDERED by Judge James E. Boasberg on 5/2/2022. (lcjeb2) (Entered: 05/02/2022)
2022-05-02		Set/Reset Hearings: Status Conference set for 5/6/2022 at 02:00 PM in Telephonic/VTC before Judge James E. Boasberg. (nbn) (Entered: 05/02/2022)
2022-05-06		Minute Entry for proceedings held before Judge James E. Boasberg: Video Status Conference held on 5/6/2022. Joint Status Report due by 5/27/2022. (Court Reporter Lisa Griffith) (nbn) (Entered: 05/06/2022)
2022-05-06		MINUTE ORDER: As discussed in today's hearing, the Court ORDERS that: 1) By May 27, 2022, the parties shall submit a further Joint Status Report; and 2) If a resolution has not been reached, they shall submit in camera by the same date the disputed document and the transcription that is in the public domain. So ORDERED by Judge James E. Boasberg on 5/6/2022. (lcjeb2) (Entered: 05/06/2022)
2022-05-09	14	NOTICE of Appearance by James R. Powers on behalf of CENTRAL INTELLIGENCE AGENCY (Powers, James) (Entered: 05/09/2022)
2022-05-17	15	TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on 5-6-2022; Page Numbers: 1-8. Date of Issuance:5-17-2022. Court Reporter/Transcriber Lisa Walker Griffith, Telephone number (202) 354-3247, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter reference d above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/7/2022. Redacted Transcript Deadline set for 6/17/2022. Release of Transcript Restriction set for 8/15/2022.(Griffith, Lisa) (Entered: 05/17/2022)
2022-05-20	16	MOTION for Reconsideration re Order, (Expedited) by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Proposed Order)(Powers, James) (Entered: 05/20/2022)
2022-05-24	17	Memorandum in opposition to re 16 MOTION for Reconsideration re Order, (Expedited) filed by NATIONAL SECURITY ARCHIVE. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(Jacobs, Hilary) (Entered: 05/24/2022)
2022-05-25	18	REPLY to opposition to motion re 16 MOTION for Reconsideration re Order, (Expedited) filed by CENTRAL INTELLIGENCE AGENCY. (Powers, James) (Entered: 05/25/2022)
2022-05-27	19	Joint STATUS REPORT by NATIONAL SECURITY ARCHIVE. (Jacobs, Hilary) (Entered: 05/27/2022)
2022-05-27	20	NOTICE of Lodging Classified Submissions by CENTRAL INTELLIGENCE AGENCY re Order, (Powers, James) (Entered: 05/27/2022)
2022-06-22		MINUTE ORDER: Given the CIA's position regarding the disputed document, the Court believes that briefing is inevitable and should commence. The Court, accordingly, ORDERS that: 1) Defendant's 16 Motion for Reconsideration is GRANTED; 2) Defendant shall file its Motion for Summary Judgment on July 27, 2022; and 3) The Court will conduct an in camera review after reading all the briefs. So ORDERED by Judge James E. Boasberg on 6/22/2022. (lcjeb2) (Entered: 06/22/2022)
2022-06-22		Set/Reset Deadlines: Summary Judgment motions due by 7/27/2022. (nbn) (Entered: 06/22/2022)
2022-07-27	21	MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Memorandum in Support, # 2 Statement of Undisputed Material Facts, # 3 Exhibit A, # 4 Exhibit B, # 5 Proposed Order)(Powers, James) (Entered: 07/27/2022)
2022-07-27	22	NOTICE of Lodging Classified Submission by CENTRAL INTELLIGENCE AGENCY re 21 Motion for Summary Judgment (Powers, James) (Entered: 07/27/2022)
2022-07-28	23	ERRATA and Notice of Filing Corrected Declaration by CENTRAL INTELLIGENCE AGENCY re 21 MOTION for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Corrected Declaration)(Powers, James) (Entered: 07/28/2022)
2022-07-28	24	Unopposed MOTION for Extension of Time to File Opposition to Plaintiff's Motion for Summary Judgment by NATIONAL SECURITY ARCHIVE. (Attachments: # 1 Text of Proposed Order)(Jacobs, Hilary) (Entered: 07/28/2022)
2022-07-29		MINUTE ORDER GRANTING Consent 24 Motion for Extension of Time. The Court ORDERS that Plaintiff shall file its opposition to Defendant's motion for summary judgment by August 17, 2022. So ORDERED by Judge James E. Boasberg on 7/29/2022. (lcjeb2) (Entered: 07/29/2022)
2022-07-29		Set/Reset Deadlines: Opposition due by 8/17/2022 (nbn) (Entered: 07/29/2022)
2022-08-16	25	Memorandum in opposition to re 21 Motion for Summary Judgment filed by NATIONAL SECURITY ARCHIVE. (Attachments: # 1 Text of Proposed Order, # 2 Statement of Facts)(Jacobs, Hilary) (Entered: 08/16/2022)
2022-08-19	26	Consent MOTION for Extension of Time to File Response/Reply as to 21 MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY. (Attachments: # 1 Proposed Order)(Powers, James) (Entered: 08/19/2022)
2022-08-19		MINUTE ORDER GRANTING Consent 26 Motion for Extension of Time. The Court ORDERS that Defendant shall file its reply in support of its Motion for Summary Judgment by September 1, 2022. So ORDERED by Judge James E. Boasberg on 08/19/2022. (lcjeb3) (Entered: 08/19/2022)
2022-08-19		Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 9/1/2022. (nbn) (Entered: 08/23/2022)
2022-09-01	27	REPLY to opposition to motion re 21 MOTION for Summary Judgment filed by CENTRAL INTELLIGENCE AGENCY. (Powers, James) (Entered: 09/01/2022)
2022-09-01	28	NOTICE of Lodging of Classified Submission for Ex Parte, In Camera Review by CENTRAL INTELLIGENCE AGENCY re 27 Reply to opposition to Motion (Powers, James) (Entered: 09/01/2022)
2022-10-04	29	ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court ORDERS that: 1) Defendant's Motion for Summary Judgment is GRANTED; and 2) Judgment is ENTERED in favor of Defendant. Signed by Judge James E. Boasberg on 10/4/2022. (lcjeb1) (Entered: 10/04/2022)
2022-10-04	30	MEMORANDUM OPINION re. 29 Order on Motion for Summary Judgment. Signed by Judge James E. Boasberg on 10/4/2022. (lcjeb1) (Entered: 10/04/2022)
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