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

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."