BERMAN v. C.I.A.

No. 05-16820.

501 F.3d 1136 (2007)

Larry BERMAN, Plaintiff-Appellant, v. CENTRAL INTELLIGENCE AGENCY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 4, 2007.


Attorney(s) appearing for the Case

Thomas R. Burke and Duffy Carolan (argued), Davis Wright Tremaine LLP, San Francisco, CA; and Meredith Fuchs, The National Security Archive, Washington, DC, for plaintiff-appellant.

Peter D. Keisler, McGregor W. Scott, Mark B. Stern (argued) and Alisa B. Klein, U.S. Department of Justice, Washington, D.C., for defendant-appellee.

Matthew W.S. Estes, Washington, DC, for the amici curiae The American Historical Association, et al.

Before: DAVID R. THOMPSON, PAMELA ANN RYMER and RAYMOND C. FISHER, Circuit Judges.


FISHER, Circuit Judge:

For nearly half a century, the CIA has each day sent the President a highly classified summary of the most important and timely intelligence relating to this country's national defense and foreign policy priorities. We must decide in this case whether two of these reports — known as the President's Daily Brief (PDB) — from the administration of President Lyndon B. Johnson are exempt from disclosure under the Freedom of Information...

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