Berman

MEMORANDUM OF OPINION AND ORDER

Plaintiff Larry Berman (“Berman”) brings this suit to challenge defendant Central Intelligence Agency’s (“CIA”) denial of his request under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 , for two editions of the President’s Daily Briefs (“PDB”). The parties have filed cross-motions for summary judgment. For the reasons given below, the court GRANTS summary judgment in favor of the CIA.

I.

Berman is a professor of political science at the University of California, Davis and a historian of the American presidency and the Vietnam war. (PL’s Mot. at 2.) On March 2, 2004, Berman requested disclosure of four PDBs from President Lyndon B. Johnson’s term of office. (Id.) By letter dated April 15, 2004, the CIA denied the request based on FOIA Exemptions 1, 3, and 5. (Id.) After exhausting available administrative appeals, Berman brings this suit seeking disclosure of two of the PDBs, dated August 6, 1965 and April 2, 1968. (Id. at 3.)

The PDB is a “unique intelligence document prepared specifically for the President of the United States and his most senior advisors.” (Buroker Deck ¶ 16.) Although its format has changed slightly since its…