Duty To Warn Journalist Demands Careful Scrutiny of FOIA Denial
Participated in an amicus brief (with the Reporters Committee and other amici) filed with the U.S. Court of Appeals for the D.C. Circuit in Committee To Protect Journalists v. CIA. The case concerns FOIA requests made by CPJ and the Knight Institute to the CIA, FBI, NSA, ODNI, and State Department. The FOIA requests sought records related to the duty to warn Jamal Khashoggi prior to his murder by the Saudi Arabian government. All agencies except the State Department responded by invoking the Glomar doctrine, claiming that acknowledging documents responsive to CPJ’s requests would compromise national security. The district court upheld the Glomar responses and CPJ appealed. The amicus brief supports CPJ’s argument that the district court erred, and contends that the district court’s scrutiny of the Glomar responses in this case was insufficient.