through public acknowledgement. See Order filed January 14, 1992 at 5.
However, upon further review of the applicable law and based on the detailed explanation contained in the defendant's ex parte affidavits, the Court is satisfied that Exemption One was not in fact waived for either document six or document seven and that its prior ruling was therefore erroneous. Upon reconsideration, the Court recognizes that while certain facts contained in the documents were revealed in the Ambassador's congressional Testimony, the context in which the information appears is significantly different. See Afshar v. Dep't of State, 702 F.2d at 1130. Thus the exemption has not been waived under the strict standard for public acknowledgement set forth in the case law. See Fitzgibbon v. CIA, 911 F.2d at 765. Revelation of the information in the context of documents six and seven would jeopardize national security for the reasons set forth in the defendant's ex parte declarations, and the Court must defer to the agency's expertise in that regard. See, e.g., Military Audit Project v. Casey, 656 F.2d at 738; King v. Dep't of Justice, 265 App. D.C. 62, 830 F.2d 210, 217 (D.C. Cir. 1987).
Upon careful reconsideration, the Court also finds that it erred in its prior determination that Exemption Five did not apply to documents six and seven on the ground that the documents were factual. The Court has reassessed this issue and finds that documents six and seven were both predecisional and deliberative, involving the Ambassador's evaluative judgments regarding the distortions contained in the Iraqi transcript of the meeting and her recommendations regarding how the agency should respond thereto. See Access Reports at 1194-95. The Court notes that her suggested strategy was not implemented; thus it was clearly predecisional. The fact that the memoranda were addressed to her superior further support this finding. See Access Reports at 1195. Although much of the information contained in the documents is factual, the material includes analysis and interpretation throughout. It would be impossible to segregate the facts without revealing the nature of the agency deliberations. See Dudman, 815 F.2d at 1568. The Court has inspected the declarations and affidavits submitted by the defendant and finds that they are detailed, reasonable and consistent with the contents of the documents. The Court notes that to allow release of these deliberative documents would discourage candid discussion within the agency and, at the same time, reveal aspects of the State Department's deliberations on matters of sensitive diplomacy. Thus the court finds that documents six and seven were properly withheld under Exemption Five, and that no waiver of that privilege occurred.
For all of the reasons previously stated, the Court shall grant the defendant's Motion for Reconsideration, and shall amend its January 14, 1992 Order to grant the defendant's Motion for Summary Judgment with respect to documents six and seven as well as for all other documents.
Accordingly, it is, by the Court, this 7 day of April, 1992,
ORDERED that the defendant's Motion for Reconsideration shall be, and hereby is, GRANTED ; and it is
FURTHER ORDERED that the defendant's Motion for Summary Judgment shall be, and hereby is, GRANTED in its entirety; and it is
FURTHER ORDERED that this Court's Order of January 14, 1992 shall be, and hereby is, AMENDED to reflect that documents six and seven were properly withheld under the Freedom of Information Act, and the defendant is not required to release these documents to the plaintiff.
CHARLES R. RICHEY
UNITED STATES DISTRICT JUDGE