Monday, September 23, 2013

Gitmo Interrogation Pix & Videos Exempt From FOIA Request, NY Fed Judge Rules

Seal of the United States District Court for t...
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In Center for Constitutional Rights v. Department of Defense et al. (Case No. 1:12-cv-00135), United States District Court for the Southern District of New York Judge Naomi Reice Buchwald last week ruled that photographs and videos concerning interrogations at Guantanamo Bay of alleged "20th hijacker" terrorist Mohammed al-Qahtani  were exempt from having to be produced under a Freedom of Information Act ("FOIA") request by the Center for Constitutional Rights ("CCR") advocacy group.

Judge Buchwald supported the CIA, which had neither confirmed nor denied the existence of photos and videos of the questioning of al-Qahtani over a three-year period from 2002 to 2005 that CCR sought in its FOIA request. Under the Act's [5 U.S.C. sec. 552] Exemption 1, the so-called national security exemption, Judge Buchwald found the release of such material could incite an anti-American reaction and be used as a recruiting tool by America's enemies and to foment violence.

The court concluded the government had satisfied its burden of proof that it was "logical or plausible" that such an adverse occurrence could be triggered by the release of the materials requested by CCR.

Tip of the hat to the Reporter's Committee for Freedom of the Press ( for staying on top of this case.
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