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In a case addressing the extent of obligations owed under the Freedom of Information Act (FOIA), the US Court of Appeals for the District of Columbia Circuit held on Friday that intelligence agencies are not required to confirm nor deny the existence of records relating to whether the agencies were aware of an imminent threat to Jamal Khashoggi, a Saudi journalist who was murdered in a Saudi consulate in 2018.
Under FOIA, federal agencies are usually required to disclose records that are requested by the public. There are nine exemptions to this obligation, one of which allows the agencies to deny requests for information on matters that are “specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy” and are “properly classified pursuant to such Executive order.”
The requests at issue in this case were submitted by the Knight First Amendment Institute at Columbia University and the Committee to Protect Journalists. These organizations submitted the requests in October 2018, shortly after Khashoggi’s murder. The organizations requested “[a]ll records concerning the duty to warn under Directive 191 as it relates to Jamal Khashoggi.”
The appeals court held that the intelligence agencies “logically and plausibly explained why the existence or nonexistence of responsive records is classified information.” As such, one of the available FOIA exemptions protecting relevant classified information applied, and the agencies were not required to disclose whether or not there was documentation demonstrating the agencies’ knowledge of an imminent threat to Khashoggi.
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Under FOIA, federal agencies are usually required to disclose records that are requested by the public. There are nine exemptions to this obligation, one of which allows the agencies to deny requests for information on matters that are “specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy” and are “properly classified pursuant to such Executive order.”
The requests at issue in this case were submitted by the Knight First Amendment Institute at Columbia University and the Committee to Protect Journalists. These organizations submitted the requests in October 2018, shortly after Khashoggi’s murder. The organizations requested “[a]ll records concerning the duty to warn under Directive 191 as it relates to Jamal Khashoggi.”
The appeals court held that the intelligence agencies “logically and plausibly explained why the existence or nonexistence of responsive records is classified information.” As such, one of the available FOIA exemptions protecting relevant classified information applied, and the agencies were not required to disclose whether or not there was documentation demonstrating the agencies’ knowledge of an imminent threat to Khashoggi.
The post US appeals court rules federal agencies not required to disclose existence of Jamal Khashoggi documents appeared first on JURIST - News - Legal News & Commentary.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.