AMERICAN CIVIL LIBERTIES UNION v. C.I.A.

No. 15-5183.

823 F.3d 655 (2016)

AMERICAN CIVIL LIBERTIES UNION and American Civil Liberties Union Foundation, Appellants v. CENTRAL INTELLIGENCE AGENCY, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 13, 2016.


Attorney(s) appearing for the Case

Hina Shamsi argued the cause for appellants. With her on the briefs was Arthur B. Spitzer.

Susanne Peticolas was on the brief for amicus curiae Senator John D. Rockefeller IV in support of appellants.

Thomas G. Pulham , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Douglas N. Letter and Matthew M. Collette , Attorneys.

Opinion for the Court filed by Senior Circuit Judge EDWARDS.


The Freedom of Information Act ("FOIA" or "Act"), subject to certain statutory exemptions, requires federal agencies to make agency records available to the public upon reasonable request. 5 U.S.C. § 552(a)(3)(A); see id. § 552(b)(1)-(9). Congress is not an "agency" under FOIA and, therefore, congressional...

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