United States District Court, D. Columbia
ALL PARTY PARLIAMENTARY GROUP ON EXTRAORDINARY RENDITION et. al., Plaintiffs,
U.S. DEPARTMENT OF DEFENSE et. al., Defendants
[Copyrighted Material Omitted]
ALL PARTY PARLIAMENTRY GROUP ON EXTRAORDINARY RENDITION,
ANDREW TYRIE MP, JOE CYR, Plaintiffs: Audrey Elaine Moog,
LEAD ATTORNEY, HOGAN LOVELLS U.S. LLP, Washington, DC; Adam R
Feeney, Carolyn E. Kruk, Derek J. Craig, Joe Cyr, PRO HAC
VICES, HOGAN LOVELLS U.S. LLP, New York, NY.
U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF JUSTICE,
UNITED STATES DEPARTMENT OF STATE, U.S. DEPARTMENT OF
HOMELAND SECURITY, Defendants: W. Scott Simpson, LEAD
ATTORNEY, U.S. DEPARTMENT OF JUSTICE, Washington, DC.
OPINION AND ORDER
FRIEDMAN, United States District Judge.
an elected member of the U.K. Parliament, a parliamentary
group, and an American attorney, brought this suit pursuant
to the Freedom of Information Act (" FOIA" )
against various government agencies, including the United
States Department of Defense. Plaintiffs have requested
documents related to (1) the United States' extraordinary
rendition program, and (2) intelligence operations concerning
certain terrorist suspects held by the United States. The
National Security Agency (" NSA" ), a separate
agency within the Department of Defense, and the plaintiffs
have cross-moved for summary judgment. After careful
consideration of the parties' papers, the attached
declarations and exhibits, the relevant legal authorities,
and the oral arguments presented by counsel on August 18, 201
5, the Court will grant the NSA's motion for partial
summary judgment and deny the plaintiffs'
seek records responsive to 43 FOIA requests submitted to
defendants. Roughly half of plaintiffs' requests, Nos.
1-18, 21-34, 41 (in part), and 43 (collectively " Group
1 Requests" ), concern the United States'
extraordinary rendition program. Compl. Ex. A (FOIA Request)
at 7-11. Specifically, plaintiffs seeks records relating to
communications between the United States and foreign
governments about extraordinary rendition and secret
detention, names of detainees, information about where
detainees were held and transported, details about the
detention of Khalid Sheikh Mohammed, Abu Zubaydah, and Abd
al-Rahim al Nashiri, and intelligence information gathered
from the interrogation of these individuals. Id.
remaining half of plaintiffs' requests, Nos. 19-20,
35-40, 41 (in part), and 42 (collectively " Group 2
Requests" ), relate to documents regarding certain
terrorist suspects detained by the United States. Compl. Ex.
A (FOIA Request) at 7-11. Specifically, the requests seek
documents concerning communications between the U.K., the
United States, or any foreign government about Abu Qatada
between September 2001 and November 1, 2002, Abu Qatada's
locations during that period, names of individuals detained
by other countries, intelligence gathered about specific
terrorist plots and the sources for this intelligence, and
the sources of intelligence
used to arrest and detain Khalid Sheikh Mohammed, Abu
Zubaydah, and Abd al-Rahim al-Nashiri. Id.