Roman v. Central Intelligence Agency

U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Government

New York Law Journal

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District Judge Joseph Bianco

Roman's request to the CIA sought emails and memoranda from1986 to 2011. The CIA informed Roman that it found 19 responsive documents. It released one document but withheld18 under Freedom of Information Act exemptions 3 and 5. After he sued it to produce responsive documents, the CIA informed Roman that it located another four responsive documents which it withheld as subject to exemption 3, and also under exemption 5 as protected from disclosure by the deliberative process, attorney work-product, or attorney-client privileges. Granting the CIA summary judgment under Federal Rule of Civil Procedure 56, district court dismissed Roman's lawsuit. Based on declarations submitted by Viscuso and Meeks—the CIA's former and current Information and Policy Coordinator—the court held the agency properly responded to Roman's requests. The Viscuso declaration sufficiently explained why each document was protected under the one or more of the stated privileges, and thus properly withheld under exemption 5. The court also accepted the CIA's explanation as to why redacted versions of the subject documents—segregating non-exempt information from exempt information—could not be produced.

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