Porup v. Central Intelligence Agency, No. 20-5144 (D.C. Cir. 2021)
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Porup submitted a Freedom of Information Act (FOIA) request for “documents relating to CIA use of poison for covert assassination.” The CIA refused to process Porup’s request because Executive Order 12,333 makes it unlawful for federal employees to engage in assassination or conspiracy to assassinate, making the subject matter arguably beyond its mission. Porup filed suit, citing his specific request and a CIA “pattern or practice” of violating FOIA by categorically refusing to process requests seeking information related to conduct in which the CIA believes it cannot lawfully engage.
The CIA then adopted a new policy: Agency personnel are prohibited from “declin[ing] to process [FOIA] requests solely because they pertain to activities or issues that are beyond the scope of the Agency’s primary mission.” They are now “required to engage in a context-dependent inquiry as to whether a search may be possible, and whether the Agency’s records are likely to contain responsive materials.” The CIA subsequently released some documents that were responsive to Porup’s request.
The D.C. Circuit affirmed summary judgment for the CIA. The Agency adopted a new policy that adequately addresses any pattern or practice of violating FOIA in the manner alleged by Porup, rendering that claim moot. Porup’s specific challenges to the Agency’s search methodology, withholdings, or redactions have no merit. Porup has not overcome CIA’s unrebutted attestation that it disclosed all reasonably segregable non-exempt material.
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