National Commission on Law Enforcement and Social Justice v. Central Intelligence Agency

Good Law
576 F.2d 1373·3 Media L. Rep. (BNA) 2609·1978 U.S. App. LEXIS 10794
United States Court of Appeals for the Ninth CircuitJune 12, 197877-1366California1,626 words

Opinion

Opinion

Wright, J.

This appeal arises under the Freedom of Information Act (FOIA), 5 U.S.C. § 552 et seq. The National Commission on Law Enforcement and Social Justice (NCLE) has appealed from the district court’s summary judgment that records withheld from it by the Central Intelligence Agency (CIA) are exempt from disclosure under the Act’s Exemptions One and Three, 5 U.S.C. § 552(b)(1) and (3). We conclude that the requested materials are specifically exempted from disclosure by Exemption Three as triggered by the statutes which specifically exempt disclosure, 50 U.S.C. §§ 403 (d)(3) and 403g.

FACTS:

NCLE requested release of documents concerning the CIA’s relationships with the International Criminal Police Organization. The Agency released one document but told NCLE that it had no others responsive to portions of the request and that the rest fell within FOIA Exemptions One and Three.

After exhausting its administrative remedies, NCLE sued to compel release of the allegedly exempt materials. Following limited discovery, the CIA filed affidavits and a motion for summary judgment which the district court granted. This appeal followed.

DISCUSSION:

Exemption Three authorizes nondisclosure of…

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