Joe Hunt v. Central Intelligence Agency

Joe Hunt filed a request under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 (1988), for disclosure of Central Intelligence Agency (“CIA” or “Agency”) records regarding Hedayat Eslaminia (“Es-laminia”). The central issue is whether the CIA can refuse to confirm or deny the existence of records pertaining to a foreign national based on 5 U.S.C. § 552 (b)(1) (“Exemption 1”) or 5 U.S.C. § 552 (b)(3) (“Exemption 3”). The district court found against the CIA and, for the reasons stated below, we reverse.

Hunt is on trial in California state court for the murder of one Eslaminia, an Iranian national. Hunt filed a request with the CIA, pursuant to FOIA, for the following information:

The CIA denied the request and, based on Exemptions 1 and 3, refused to confirm or deny the existence of such records. Hunt amended his request by deleting its first paragraph and sought administrative appeal. The CIA Information Review Committee upheld the CIA’s decision.

Hunt sought review in the district court. After the court granted partial relief, the CIA filed an emergency motion for a stay in this court. We granted a temporary stay, called for expedited briefs and argument, and examined…