Federal Appeals Court Rejects "Neither Confirm Nor Deny" Defense for Government Secrecy

The Court of Appeals for the DC Circuit has ruled that the CIA must respond to an ACLU open government request for records pertaining to drone strikes. The CIA had said it could “neither confirm nor deny that it had responsive documents." The appeals court found that the agency itself had acknowledged it had such document. In EPIC v. NSA, a similar challenge to the "Glomar" response , the federal appeals court found that the agency had not acknowledged existence of documents responsive to a FOIA request even tough there were widespread news reports of a partnership between Google and the NSA. For more information, see EPIC: EPIC v. NSA: Google/NSA Relationship.

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