Ruling on FOIA disclosure of CIA records on Iraqi prisoners [US DC] News
Ruling on FOIA disclosure of CIA records on Iraqi prisoners [US DC]

ACLU, et al. v. Department of Defense, et al., United States District Court for the Southern District of New York, Judge Alvin K. Hellerstein, February 2, 2005 [ruling that the CIA should comply with FOIA requests made by ACLU to turn over its records concerning the treatment of prisoners in Iraq]. Excerpt:

I hold that defendant CIA has failed to satisfy the statutory prerequisites for invoking the operational files exemption, and hence may not avoid the requirements imposed by FOIA, as defined by my Opinion and Order of September 15, 2004. As I ordered, where identification of a responsive document may itself compromise security, in camera identifications may be used. I hold, also, that the investigation being carried out by the Office of Inspector General of the CIA requires the CIA to search for, and either release or claim exemption against release of, the records responsive to plaintiffs' FOIA requests that have been produced or gathered pursuant to the investigation.

Read the full text of the opinion here [PDF]. Reported in JURIST's Paper Chase here.

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