DiBacco v. United States Army, No. 13-5353 (D.C. Cir. 2015)
Annotate this CaseIn 1985, Carl Oglesby filed a request under the Freedom of Information Act (FOIA), 5 U.S.C. 552, with federal agencies seeking information on Reinhard Gehlen. Gehlen was a former Nazi general through whom the United States engaged in clandestine espionage after World War II. In this appeal, Oglesby's daughter and her partner challenge the adequacy of the Army's and the CIA's justification for withholding certain information on national security grounds. The court affirmed the district court’s grant of summary judgment to the Army and CIA with respect to the Army’s transfer of documents to the National Archives, both agencies’ searches for responsive documents, and the CIA’s withholding of information under Exemptions 1 and 3. The court's remand is limited to issues arising from the Army’s release to plaintiff during the appeal of responsive but redacted Army documents that had been held by the National Archives.
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