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Johnson v. CIA, No. 18-1826, 2019 WL 2718397 (2d Cir. June 28, 2019) (per curiam)

Date

Johnson v. CIA, No. 18-1826, 2019 WL 2718397 (2d Cir. June 28, 2019) (per curiam)

Re:  Request for five emails CIA sent to reporters at Wall Street Journal, Washington Post, and New York Times

Disposition:  Affirming district court's grant of defendant's motion for summary judgment

  • Waiver:  The Court of Appeals for the Second Circuit addresses the requester's argument "that the CIA waived FOIA Exemptions 1 and 3, . . . by officially disclosing the information at issue to the reporters" and holds that, "[h]ere, the information [the requester] seeks is contained in private correspondence sent directly to three reporters . . . and these emails are not generally accessible by the public."  "In these circumstances and without more, [the court] agree[s] with the District Court that [the requester] has not produced sufficient evidence that the information he seeks was 'made public' by the CIA."
Court Decision Topic(s)
Court of Appeals opinions
Waiver and Discretionary Disclosure
Updated January 10, 2022