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MILITARY AUDIT PROJECT v. BUSH

May 10, 1976

MILITARY AUDIT PROJECT et al., Plaintiffs,
v.
George BUSH et al., Defendants



The opinion of the court was delivered by: GESELL

 GESELL, District Judge.

 The Court has reluctantly concluded that in camera inspection of any documents covered by plaintiffs' request is necessary. Defendants have been given every opportunity to demonstrate, by affidavit or in response to interrogatories served, the simple but essential fact that each pertinent document, if any, has been conscientiously examined, paragraph-by-paragraph, regardless of its classification and a responsible, specific determination made that disclosure of material covered by the request could reasonably be expected to cause damage to national security. Instead, the Court has received affidavits from persons who did not examine the documents or make any determinations with respect to the specific request of plaintiffs. It is apparent that the withholding is based on a generalized policy decision made prior to plaintiffs' request by persons who had not read the documents and did not know their specific contents. Accordingly, defendants' renewed motion for summary judgment is denied.

 Nothing in the foregoing is intended in any way to reflect acceptance by the Court of the adjectives and exaggerated statements made by plaintiffs' counsel in his latest papers.

 SO ORDERED.

19760510

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