Case Detail

FOIA Project Annotation: Judge Royce Lamberth has ruled that the Department of Defense and the CIA properly withheld records concerning 14 named detainees at Guantanamo under Exemption 1 (national security) and Exemption 3 (other statutes). Portions of the transcripts from the Combatant Status Review Tribunal hearing for all 14 detainees had been made available on the DoD website and the agency sent the redacted public transcripts in response to the ACLU's request. When neither agency produced any other records, the ACLU filed suit. Lamberth rejected the ACLU's claim that the agency affidavit justifying the exemption and redaction claims was conclusory. Instead, he noted that "the declaration describes specifically what types of information were withheld and why." He added that "the detailed nature of the declaration, combined with defendants' continued good-faith effort to produce as much nonexempt information as possible, is sufficient for the Court to conclude that further nonexempt information cannot reasonably be redacted from the withheld material." The ACLU claimed the records were improperly classified because they might show that the government violated the law. Lamberth pointed out that the ACLU misunderstood the provision of the executive order on classification prohibiting an agency from classifying information to conceal violations of the law. He noted that "there is no indication that these materials were classified 'in order to' conceal violations of the law. The declaration credibly outlines the (proper) motives behind the classification decisions." The ACLU argued that disclosure of "false or exaggerated" statements by the detainees could not harm national security because they were untrue. The agency responded by pointed out that "if only true allegations were redacted, detainees could, through a coordinated series of intermingling true and false claims, communicate the true information that defendants rightfully seek to withhold." Lamberth observed that "improbable though this might seem, it is conceivable. Indeed, the 'mosaic' justification is well recognized in FOIA national-security withholdings."
Issues: Exemption 1 - Harm to national security, Exemption 3 - Statutory prohibition of disclosure

FOIA Project Annotation: Judge Royce Lamberth has ruled that the CIA and the Defense Department properly claimed Exemption 1 (national security) and Exemption 3 (other statutes) to withhold portions of documents following a re-review of records on the use of torture. The re-review came after President Barack Obama issued executive orders restricting the use of interrogation techniques to those authorized by the Army Field Manual, setting a one-year goal for closing Guantanamo, and establishing a special task force to review lawful options available with respect to the apprehension, detention, and disposition of suspected terrorists. Obama subsequently declassified large portions of four Office of Legal Counsel opinions supporting the use of torture techniques. Shortly thereafter, the New York Review of Books published a 40-page report by the International Committee of the Red Cross that contained accounts of treatment of high-value detainees in CIA custody. In objecting to the redactions, the ACLU argued that the exemptions didn't apply because the records did not contain information about intelligence sources and methods and because disclosure of detainees' accounts would not harm national security. The ACLU claimed that the declassified OLC memos and the redacted CIA Inspector General's report showed that the information was in the public domain. Lamberth, however, noted that "[those] documents contain general information regarding defendants' interrogation program. The redacted information at issue in this case, however, is specific and particular to each detainee and would reveal far more about the CIA's interrogation program than the previously released records. Indeed, the fact that the government disclosed general information on its interrogation program does not require full disclosure of aspects of the program that remain classified." Lamberth also pointed out that "plaintiffs' reliance on the report authored by the International Committee of the Red Cross is misplaced. This report does not constitute an official disclosure by the government. Without official disclosure, classified information is not considered to be public." Lamberth also found that Obama's prohibition against further use of interrogation techniques did not help the ACLU's case. He noted that "the President never authorized full disclosure of the defendants' interrogation program; he merely ended it. Thus, the fact that the President outlawed the use of [Enhanced Interrogation Techniques] and the CIA's operation of detention centers does not warrant full disclosure of the records at issue in this case." Lamberth found disclosure would harm national security. He observed that "the President's disclosure [of the OLC memos] released only general information about the defendants' interrogation program. The redacted information, however, relates only to specific information that has not been disclosed to the public because of the damage its release would cause to national security."
Issues: Exemption 3 - Statutory prohibition of disclosure, Exemption 1 - Harm to national security

Date Filed	Doc #	Docket Text
2008-03-13	1	COMPLAINT against DEPARTMENT OF DEFENSE, CENTRAL INTELLIGENCE AGENCY ( Filing fee $ 350, receipt number 4616010935) filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Civil Cover Sheet)(tg, ) (Entered: 03/14/2008)
2008-03-13		Summons (4) Issued as to DEPARTMENT OF DEFENSE, CENTRAL INTELLIGENCE AGENCY, U.S. Attorney and U.S. Attorney General (tg, ) (Entered: 03/14/2008)
2008-03-18	2	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ben Wizner, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad Street, New York, NY 10004. Phone No. - 212-519-7860. Fax No. - 212-549-2651 by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION (Attachments: # 1 Declaration of Ben Wizner, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 03/18/2008)
2008-04-14	3	SUMMONS Returned Executed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. U.S. Attorney served on 4/7/2008, answer due 5/7/2008; (Spitzer, Arthur) Modified to enter the correct party served on 4/15/2008 (tg, ). (Entered: 04/14/2008)
2008-04-15	4	SUMMONS Returned Executed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. UNITED STATES DEPARTMENT OF DEFENSE served 4/7/2008, answer due 5/7/2008 (Spitzer, Arthur) Modified to enter the name of the party served on 4/15/2008 (tg, ). (Entered: 04/15/2008)
2008-04-15	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 04/07/2008. (Spitzer, Arthur) (Entered: 04/15/2008)
2008-04-16		MINUTE ORDER granting 2 Motion for Leave for Benjamin Wizner to Appear Pro Hac Vice. Signed by Judge Royce C. Lamberth on 04/16/2008. (lcrcl2, ) Modified on 4/16/2008 (rje, ). (Entered: 04/16/2008)
2008-05-06	6	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by DEPARTMENT OF DEFENSE, CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Schwartz, James) (Entered: 05/06/2008)
2008-06-04		MINUTE ORDER granting 6 Motion for Extension of Time to Answer. Defendants shall file an answer to plaintiff's complaint on, or before, June 6, 2008. Signed by Chief Judge Royce C. Lamberth on 06/04/2008. (lcrcl2, ) (Entered: 06/04/2008)
2008-06-05	7	Joint MOTION for Order For Briefing Schedule by DEPARTMENT OF DEFENSE, CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Schwartz, James) (Entered: 06/05/2008)
2008-06-12	8	ORDER granting 7 Motion for Briefing Schedule. Signed by Chief Judge Royce C. Lamberth on 06/12/2008. (lcrcl2, ) (Entered: 06/12/2008)
2008-06-13		Set/Reset Deadlines: Answer due by 10/1/2008. Summary Judgment motions due by 6/30/2008. Response to Motion for Summary Judgment due by 7/18/2008. Reply to Motion for Summary Judgment due by 7/31/2008. (rje) (Entered: 06/13/2008)
2008-06-30	9	MOTION for Summary Judgment by DEPARTMENT OF DEFENSE, CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Exhibit Hilton Declaration)(Schwartz, James) (Entered: 06/30/2008)
2008-07-18	10	Memorandum in opposition to re 9 MOTION for Summary Judgment filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Affidavit Declaration of Nasrina Bargzie, # 3 Exhibit Table of Exhibits to Declaration of Nasrina Bargzie, # 4 Exhibit Exhibit A to Bargzie Declaration, # 5 Exhibit Exhibit B to Bargzie Declaration, # 6 Exhibit Exhibit C to Bargzie Declaration, # 7 Exhibit Exhibit D to Bargzie Declaration, # 8 Exhibit Exhibit E to Bargzie Declaration, # 9 Exhibit Exhibit F to Bargzie Declaration, # 10 Exhibit Exhibit G to Bargzie Declaration, # 11 Exhibit Exhibit H to Bargzie Declaration, # 12 Exhibit Exhibit I to Bargzie Declaration, # 13 Exhibit Exhibit J to Bargzie Declaration, # 14 Exhibit Exhibit K to Bargzie Declaration, # 15 Exhibit Exhibit L to Bargzie Declaration, # 16 Exhibit Exhibit M to Bargzie Declaration, Part 1, # 17 Exhibit Exhibit M to Bargzie Declaration, Part 2, # 18 Exhibit Exhibit N to Bargzie Declaration, # 19 Exhibit Exhibit O to Bargzie Declaration, Part 1, # 20 Exhibit Exhibit O to Bargzie Declaration, Part 2, # 21 Exhibit Exhibit O to Bargzie Declaration, Part 3, # 22 Exhibit Exhibit O to Bargzie Declaration, Part 4, # 23 Exhibit Exhibit O to Bargzie Declaration, Part 5, # 24 Exhibit Exhibit O to Bargzie Declaration, Part 6, # 25 Exhibit Exhibit P to Bargzie Declaration, # 26 Exhibit Exhibit Q to Bargzie Declaration, # 27 Exhibit Exhibit R to Bargzie Declaration, # 28 Exhibit Exhibit S to Bargzie Declaration, Part 1, # 29 Exhibit Exhibit S to Bargzie Declaration, Part 2, # 30 Exhibit Exhibit T to Bargzie Declaration, # 31 Exhibit Exhibit U to Bargzie Declaration, # 32 Exhibit Exhibit V to Bargzie Declaration, Part 1, # 33 Exhibit Exhibit V to Bargzie Declaration, Part 2, # 34 Exhibit Exhibit W to Bargzie Declaration, # 35 Exhibit Exhibit X to Bargzie Declaration, # 36 Exhibit Exhibit Y to Bargzie Declaration, # 37 Exhibit Exhibit Z to Bargzie Declaration, Part 1, # 38 Exhibit Exhibit Z to Bargzie Declaration, Part 2, # 39 Exhibit Exhibit AA to Bargzie Declaration, # 40 Exhibit Exhibit BB to Bargzie Declaration, # 41 Exhibit Exhibit CC to Bargzie Declaration, # 42 Exhibit Exhibit DD to Bargzie Declaration, # 43 Exhibit Exhibit EE to Bargzie Declaration, # 44 Exhibit Exhibit FF to Bargzie Declaration, # 45 Exhibit Exhibit GG to Bargzie Declaration, # 46 Exhibit Exhibit HH to Bargzie Declaration, # 47 Exhibit Exhibit II to Bargzie Declaration, # 48 Exhibit Exhibit JJ to Bargzie Declaration, # 49 Exhibit Exhibit KK to Bargzie Declaration, # 50 Exhibit Exhibit LL to Bargzie Declaration, # 51 Exhibit Exhibit MM to Bargzie Declaration, # 52 Exhibit Exhibit NN to Bargzie Declaration, # 53 Exhibit Exhibit OO to Bargzie Declaration, # 54 Exhibit Exhibit PP to Bargzie Declaration, # 55 Exhibit Exhibit QQ to Bargzie Declaration, # 56 Exhibit Exhibit RR to Bargzie Declaration, # 57 Exhibit Exhibit SS to Bargzie Declaration, # 58 Exhibit Exhibit TT to Bargzie Declaration, # 59 Exhibit Exhibit UU to Bargzie Declaration)(Wizner, Benjamin) (Entered: 07/18/2008)
2008-07-31	11	REPLY to opposition to motion re 9 MOTION for Summary Judgment filed by DEPARTMENT OF DEFENSE, CENTRAL INTELLIGENCE AGENCY. (Schwartz, James) (Entered: 07/31/2008)
2008-09-18	12	Consent MOTION for Extension of Time to File Answer by DEPARTMENT OF DEFENSE, CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Schwartz, James) (Entered: 09/18/2008)
2008-10-29	13	MEMORANDUM OPINION. Signed by Chief Judge Royce C. Lamberth on 10/29/08. (lcrcl2, ) (Entered: 10/29/2008)
2008-10-29	14	ORDER granting 9 Motion for Summary Judgment. Signed by Chief Judge Royce C. Lamberth on 10/29/08. (lcrcl2, ) (Entered: 10/29/2008)
2008-12-10	15	NOTICE OF APPEAL as to 14 Order on Motion for Summary Judgment, 13 Memorandum & Opinion by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. Filing fee $ 455, receipt number 4616016995. Fee Status: Fee Paid. Parties have been notified. (tg, ) (Entered: 12/12/2008)
2008-12-12		Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 15 Notice of Appeal, (tg, ) (Entered: 12/12/2008)
2008-12-18		USCA Case Number 08-5519 for 15 Notice of Appeal, filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION. (ztg, ) (Entered: 12/19/2008)
2009-05-21	16	ORDER of USCA (certified copy) as to 15 Notice of Appeal, filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION ; USCA Case Number 08-5519. It is ordered that the motion be granted and this matter be remanded to the district court. (kb, ) (Entered: 05/21/2009)
2009-05-29	17	STATUS REPORT by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Wizner, Benjamin) (Entered: 05/29/2009)
2009-06-02		Set/Reset Hearings: Status Conference set for 6/22/2009 02:00 PM in Courtroom 22A before Chief Judge Royce C. Lamberth. (rje) (Entered: 06/02/2009)
2009-06-22		Minute Entry for proceedings held before Chief Judge Royce C. Lamberth: Status Conference held on 6/22/2009.Oral Motion to vacate prior opinion and order heard, and granted. (Court Reporter Theresa Sorensen.) (rje) (Entered: 06/22/2009)
2009-06-29	18	ORDER granting unopposed oral motion to vacate this Courts Memorandum Opinion and Order of October 29, 2008 and setting briefing schedule for summary judgment. Signed by Chief Judge Royce C. Lamberth on 6/26/2009. (lcrcl2, ) (Entered: 06/29/2009)
2009-06-30		Set/Reset Deadlines: Motions due by 8/18/2009. Opposition due by 9/8/2009. Replies due by 9/22/2009. (rje) (Entered: 06/30/2009)
2009-08-07	19	Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by DEPARTMENT OF DEFENSE, CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Text of Proposed Order)(Schwartz, James) (Entered: 08/07/2009)
2009-08-18	20	ORDER granting 19 Motion for Extension of Time to file Motion for Summary Judgment. Signed by Chief Judge Royce C. Lamberth on 8/17/09. (lcrcl2, ) (Entered: 08/18/2009)
2009-08-18		Set/Reset Deadlines: Defendants Summary Judgment motions due by 8/28/2009. Opposition to Motion for Summary Judgment due by 9/18/2009. Defendants Reply to Motion for Summary Judgment due by 10/2/2009. (rje) (Entered: 08/18/2009)
2009-08-28	21	MOTION for Summary Judgment by DEPARTMENT OF DEFENSE, CENTRAL INTELLIGENCE AGENCY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Hilton Declaration, # 4 Text of Proposed Order)(Schwartz, James) (Entered: 08/28/2009)
2009-09-18	22	ENTERED IN ERROR.....Memorandum in opposition to re 21 MOTION for Summary Judgment filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Text of Proposed Order Proposed Order)(Wizner, Benjamin) Modified on 9/18/2009 (td, ). (Entered: 09/18/2009)
2009-09-18	23	Memorandum in opposition to re 21 MOTION for Summary Judgment filed by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. (Attachments: # 1 Declaration Declaration of Ben Wizner, # 2 Exhibit A-E, # 3 Exhibit F-K, # 4 Text of Proposed Order)(Wizner, Benjamin) (Entered: 09/18/2009)
2009-09-18		NOTICE OF CORRECTED DOCKET ENTRY: re 22 Memorandum in Opposition, was entered in error per counsel and refiled as document no. 23 . (td, ) (Entered: 09/18/2009)
2009-10-02	24	REPLY to opposition to motion re 21 MOTION for Summary Judgment filed by DEPARTMENT OF DEFENSE, CENTRAL INTELLIGENCE AGENCY. (Schwartz, James) (Entered: 10/02/2009)
2009-10-16	25	MEMORANDUM AND OPINION granting defendants' Motion 21 for Summary Judgment. A separate order shall issue this date. Signed by Chief Judge Royce C. Lamberth on 10/16/2009. (lcrcl2, ) (Entered: 10/16/2009)
2009-10-16	26	ORDER granting defendants' Motion 21 for Summary Judgment. Signed by Chief Judge Royce C. Lamberth on 10/16/2009. (lcrcl2, ) (Entered: 10/16/2009)
2009-11-10	27	NOTICE OF APPEAL as to 26 Order on Motion for Summary Judgment by AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION. Filing fee $ 455, receipt number 00900000000002014182. Fee Status: Fee Paid. Parties have been notified. (Wizner, Benjamin) (Entered: 11/10/2009)
2009-11-12	28	Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 27 Notice of Appeal,. (rdj) (Entered: 11/12/2009)
2009-11-16		USCA Case Number 09-5386 for 27 Notice of Appeal, filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION. (znmw, ) (Entered: 11/16/2009)
2011-01-18	29	USCA JUDGMENT (certified copy) as to 27 Notice of Appeal, filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION. ORDERED and ADJUDGED that the judgment of the District Court appealed from in this cause is hereby affirmed. (Moser, Sarah) (Entered: 01/21/2011)
2011-01-18	30	MANDATE of USCA (certified copy) as to 27 Notice of Appeal, filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION, AMERICAN CIVIL LIBERTIES UNION ; USCA Case Number 09-5386. ORDERED and ADJUDGED that the judgment of the District Court appealed from in this cause is hereby affirmed. (smm) (Entered: 03/14/2011)
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