Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Freedom Watch, Inc v. Central Intelligence Agency

October 5, 2012

FREEDOM WATCH, INC., PLAINTIFF,
v.
CENTRAL INTELLIGENCE AGENCY, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Ellen Segal Huvelle United States District Judge

MEMORANDUM OPINION

Plaintiff Freedom Watch, Inc., has sued the Central Intelligence Agency ("CIA"), the National Security Agency ("NSA"), the Department of Defense ("DoD"), and the Department of State ("State"), alleging that defendants have violated the Freedom of Information Act, 5 U.S.C. §§ 552 et seq. ("FOIA"). (Complaint, May 2, 2012 [Dkt. No. 1] ("Compl.").) Before the Court is defendants' Motion to Dismiss (Aug. 17, 2012 [Dkt. No. 6] ("Defs. Mot.")), plaintiff's opposition (Aug. 31, 2012 [Dkt. No. 9] ("Pl. Opp'n")), and defendants' reply (Sept. 10, 2012 [Dkt. No. 10] ("Defs. Reply")). For the reasons stated, the Court will grant defendants' motion.

BACKGROUND

In April 2012, Freedom Watch sent identical FOIA requests to defendants "seeking records about leaked information." (Compl. ¶ 4.) The "crux of plaintiff's FOIA request was the 'leaked' information that was obtained . . . by the New York Times in their two articles of March 17 and March 19, 2012." (Pl. Opp'n at 12.) Freedom Watch's request must be duplicated in its entirety. "Specifically, plaintiff sought: . . . all correspondence, memoranda, documents, reports, records, statements, audits, lists of names, applications, diskettes, letters, expense logs and receipts, calendar or diary logs, facsimile logs, telephone records call sheets, tape recordings, video/movie recordings, notes, examinations, opinions, folders, files, books, manuals, pamphlets, forms, drawings, charts, photographs, electronic mail, and other documents and things (hereinafter, "information") that refer or relate to the following in any way, within ten (10) business days as set forth below:

1) Any and all information that refers or relates to the New York Times article entitled "U.S. Assessment of Iranian Risks Took Tricky Path" by James Risen on Sunday, March 18, 2012;

2) Any and all information that refers or relates to the New York Times article "U.S. Simulation Forecasts Perils of Strike at Iran" by Mark Mazzetti and Thorn Shanker on Tuesday, March 20, 2012;

3) Any and all information that refers or relates to the Foreign Policy article entitled "Israel's Secret Staging Ground" by Mark Perry on March 28;

4) All information "briefed on the results" of any war games or other simulations "leaked" or otherwise provided about the 2010 National Intelligence Estimate, as mentioned in the NY Times article "U.S. Assessment of Iranian Risks Took Tricky Path" by James Risen on Sunday, March 18, 2012; bombers, refueling aircraft, and precision missiles doing damage to the Iranian nuclear program;

11) Any and all information "leaked" about the results of testing internal military communications;

12) Any and all information "leaked" about American officials saying that they believe Israel would probably give the United States little or no warning should Israeli officials make the decision to strike Iranian nuclear sites;

13) Any and all information "leaked" about experts predicting that Iran would try to carefully manage the escalation after an Israeli first strike;

14) Any and all information "leaked" about experts believing that Iran would use an Israeli first strike as rationale for attacking the United States;

15) Any and all information "leaked" about military specialists who have assessed the potential ramification of an Israeli attack;

16) Any and all information "leaked" about military specialists who claim it is not possible to predict how Iran will react in the heat of conflict;

17) Any and all information "leaked" about Israeli intelligence estimates backed by academic studies;

18) Any and all information "leaked" about the results of counterstrike by the Islamic Republic of Iran after an attack by Israel;

19) Any and all information "leaked" about the possibility of Israel striking the Islamic Republic of Iran within the next year;

20) Any and all information "leaked" about top administration officials saying that Iran has not decided to pursue a nuclear weapon;

21) Any and all information "leaked" about American intelligence officials expressing confidence in the spy agencies' assertions that Iran has ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.