MAIN STREET LEGAL SERV. v. NATIONAL SEC. COUNCIL

No. 13-3792-CV.

811 F.3d 542 (2016)

MAIN STREET LEGAL SERVICES, INC., Plaintiff-Appellant, v. NATIONAL SECURITY COUNCIL, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: January 26, 2016.


Attorney(s) appearing for the Case

Ramzi Kassem , Main Street Legal Services, Inc. ( Douglas Cox , City University of New York School of Law, on the brief), Long Island City, New York, for Plaintiff-Appellant.

Jaynie Randall Lilley , Attorney ( Stuart F. Delery , Assistant Attorney General, Mark B. Stern , Attorney, on the brief), Civil Division, United States Department of Justice, Washington, D.C., for Robert L. Capers , United States Attorney for the Eastern District of New York, Brooklyn, New York, for Defendant-Appellee.

Judge WESLEY concurs in a separate opinion.


This appeal requires us to decide whether the National Security Council ("NSC") is an "agency" subject to the retention and disclosure requirements of the Freedom of Information Act ("FOIA"), Pub.L. No. 89-487, 80 Stat. 250 (1966) (codified as amended at 5 U.S.C. § 552). The United States District Court for the Eastern...

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