ACLU v. CIA, No. 15-5183 (D.C. Cir. 2016)
Annotate this CaseAppellants filed suit under the Freedom of Information Act (FOIA), 5 U.S.C. 551 et seq., seeking to obtain a copy of a report authored by the Senate Select Committee on Intelligence. Before the Committee conducted a comprehensive review of the program of detention and interrogation formerly run by the CIA, arrangements and rules were memorialized in a June 2, 2009, letter sent by the Chairman and Vice Chairman of the Senate Committee to the CIA Director. In 2014, after completing its review and receiving comments and proposed edits, the Committee produced an end product that included a 6,000-plus page investigative report (Full Report) and a 500-plus page Executive Summary. The court concluded that the June 2009 Letter manifests a clear intent by the Senate Committee to maintain continuous control over its work product, which includes the Full Report. Therefore, the Full Report always has been a congressional document subject to the control of the Senate Committee. The mere transmission of the Full Report to agency officials for their consideration and use within the Executive Branch did not vitiate the command of the June 2009 Letter or constitute congressional relinquishment of control over the document. Accordingly, the Full Report is a congressionally generated and controlled document that is not subject to disclosure under FOIA. The court affirmed the district court's dismissal of the suit based on lack of jurisdiction.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.