American Civil Liberties Union v. Central Intelligence Agency
823 F.3d 655
D.C. Cir.2016Background
- Senate Select Committee on Intelligence conducted a classified review of the CIA’s detention/interrogation program, producing a ~6,000-page Full Report and a ~500-page Executive Summary.
- In a June 2, 2009 letter to the CIA, the Committee expressly stated that documents generated by Committee members/staff “remain congressional records” and “disposition and control ... lies exclusively with the Committee” and are not CIA records under FOIA.
- The Committee publicly released only the Executive Summary in December 2014; it transmitted copies of the Full Report to the President and to agency officials at the CIA, DOD, DOJ, and State but stated the Committee would control public release.
- Appellants (ACLU and ACLU Foundation) submitted FOIA requests to obtain the Full Report; agencies refused, asserting the report remained a congressional document not subject to FOIA.
- District Court dismissed for lack of jurisdiction; the D.C. Circuit affirmed, holding the June 2009 Letter manifested a clear congressional intent to retain control and the transmission did not convert the Full Report into an agency record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Full Report became an "agency record" subject to FOIA when transmitted to Executive Branch officials | Transmission to agencies made the document presumptively an agency record absent contemporaneous restrictions; no clear continuing congressional control over the final report | The June 2009 Letter showed clear, pre-existing congressional intent to retain exclusive control over Committee work product, including the Full Report; limited transmittal did not relinquish that control | The Full Report remained a congressional document not subject to FOIA; transmission did not vitiate the June 2009 Letter’s clear assertion of control |
Key Cases Cited
- United States Dep't of Justice v. Tax Analysts, 492 U.S. 136 (agency records limited to documents an agency creates or obtains and controls at time of FOIA request)
- Goland v. CIA, 607 F.2d 339 (D.C. Cir.) (congressional documents held by agency as trustee and not subject to FOIA)
- Paisley v. CIA, 712 F.2d 686 (D.C. Cir.) (agency record analysis depends on congressional manifestation of intent to retain control)
- United We Stand Am., Inc. v. IRS, 359 F.3d 595 (D.C. Cir.) (Congressional intent to control governs transfer cases)
- Judicial Watch, Inc. v. U.S. Secret Serv., 726 F.3d 208 (D.C. Cir.) (clear congressional intent to control precludes FOIA coverage)