underlying defendants' classification decision. Accordingly, there is no occasion for the Court to exercise its discretion to examine these classified lists in camera.5
In reaching this conclusion the Court has carefully considered plaintiff's claim that there is a reasonably segregable portion of these lists which can be released. However, although defendants have conceded that damage to the national security could not reasonably be expected if only a small number of certain individual titles were released, their claim for exemption under (b)(1) is based on the total effect of all of the unclassified titles and not the sensitivity of any one (or more) of them individually.
The affidavits of Ms. Davis and Mr. Lehman plausibly identify potential damage to the national security that could be caused by release of the unclassified titles "in their totality." Thus, Ms. Davis concluded that such release "could reasonably be expected to damage our national security." This conclusion is persuasively corroborated by Dr. Brzezinski's recent re-determination that the two lists (including, by necessary implication, the unclassified titles) would afford valuable information and insight pertaining to the timing and the focus of key United States foreign policy concerns.
The Court concludes that the defendants have framed their claimed exemption as narrowly as is required by FOIA. There is no reasonable way for the Court to slice the list thin enough to eliminate the national security hazard and still leave a "list" as such for production. The Court further concludes that it could not better perform this impossible task by examination of the lists in camera (with or without the advice of plaintiff). Accordingly, the Court has determined that the lists are reasonably classified in full, unclassified titles included, and that they are therefore exempt from release. An order to this effect accompanies this memorandum.
[EDITOR'S NOTE: The following court-provided text does not appear at this cite in 452 F. Supp.]
ORDER AND JUDGMENT
For the reasons stated in an accompanying Memorandum, it is this 17th day of May 1978, hereby
ORDERED: That plaintiff's motions for release of two lists under a protective order and for an in camera inspection and hearing are DENIED, and it is
FURTHER ORDERED: That defendants' Motion For Summary Judgment is GRANTED, and it is
FURTHER ORDERED: That JUDGMENT be and is hereby entered for defendants, without prejudice to any future claim or action by plaintiff for any unclassified documents now in existence, or any unclassified documents that might come into existence, listing some or all of the unclassified titles of National Security Study Memoranda (NSSM) and National Security Decisional Memoranda (NSDM) in "scrambled" sequence and in edited form.