Kinnucan v. NSA, No. 20-1309, 2023 WL 2043543 (W.D. Wash. Feb. 16, 2023) (Pechman, J.)

Kinnucan v. NSA, No. 20-1309, 2023 WL 2043543 (W.D. Wash. Feb. 16, 2023) (Pechman, J.)

Re:  Request for records concerning 1967 attack by Israeli forces on U.S. naval intelligence ship

Disposition:  Granting defendant’s motion for leave to submit classified declarations for ex parte, in camera inspection

• Litigation Considerations, In Camera Inspection:  “The Court finds that submission of the two declarations on an ex parte basis for in camera inspection is appropriate.”  “Defendants maintain that they have provided as much detail as possible in the revised Vaughn index and supporting declarations . . . without revealing classified information.”  “And although the Court has reviewed all of the publicly-filed declarations and revised Vaughn index, only an in camera inspection can test the validity of Defendants’ assertion.”  “A review of these two declarations will also allow the Court to determine more fully whether the FOIA Exemptions on which Defendants rely are properly invoked.”