Freedom Watch, Inc. v. NSA, No. 14-1431, 2015 WL 5753895 (D.D.C. Sept. 30, 2015) (Leon, J.)

Freedom Watch, Inc. v. NSA, No. 14-1431, 2015 WL 5753895 (D.D.C. Sept. 30, 2015) (Leon, J.)

Re: Request for records concerning August 6, 2011 shoot-down of military helicopter in Afghanistan

Disposition: Granting defendant's motion to dismiss

• Litigation Considerations, Exhaustion of Administrative Remedies:  "[T]he Court . . . dismiss[es] this action as to defendant NSA."  The court explains that "Freedom Watch does not dispute the fact that it failed to administratively appeal the NSA’s decision, or that the failure to appeal constitutes failure to exhaust administrative remedies."  "Instead, Freedom Watch argues only that it did not need to appeal the NSA decision because, in its judgment, any appeal would have been futile."  The court finds that, "[u]nfortunately for plaintiff, there is no futility exception to the exhaustion requirement in FOIA cases."