David D. MINIER, Plaintiff-Appellant, v. CENTRAL INTELLIGENCE AGENCY, Defendant-Appellee

Invoking the Freedom of Information Act, 5 U.S.C. § 552 et seq. (“FOIA”), plaintiff-appellant David Minier (“Minier”) requested defendant-appellee Central Intelligence Agency (the “CIA”) to disclose whether Claude Barnes Capehart (“Capehart”), acting as a CIA agent, was involved in a CIA plot to assassinate President John F. Kennedy. The CIA, relying on certain exemptions to the FOIA, refused to confirm or deny Cape-hart’s alleged employment with the CIA. The district court granted summary judgment for the CIA, and Minier appeals.

We have jurisdiction under 28 U.S.C. § 1291 . Because the CIA is exempted from disclosing agent names under the plain language of 50 U.S.C. §§ 403g and 403-3(c)(5), we affirm.

BACKGROUND

Certain historical facts are unassailable, while others are constantly subject to attack and, ultimately, remain shrouded in mystery and confusion. Both types of facts surround the assassination of President John F. Kennedy. We know beyond dispute, that on November 22, 1963, President Kennedy was tragically shot and killed while traveling through the streets of Dallas, Texas. We also know that a single individual, Lee Harvey Oswald, was arrested and portrayed to the…