Judicial Watch, Inc. v. United States Department of Defense
404 U.S. App. D.C. 462
| D.C. Cir. | 2013Background
- Judicial Watch FOIA sought 52 post-mortem images of bin Laden from CIA; CIA withheld as Top Secret and district court granted summary judgment for CIA.
- CIA declarations explained harm to national security and classification rationale for the images; some images could reveal methods or jeopardize personnel.
- Culver bridged procedural markings by stating records were derivatively classified with guidance; markings later updated to include derivative classifier and declassification instructions.
- District court found CIA satisfied both substantive and procedural Exemption 1 criteria; it relied on the declarations to show plausible harm from disclosure.
- Judicial Watch appealed, challenging both the substantive basis for classification and procedural/classification-marking procedures.
- Appeals court reviews Exemption 1 standards, classification orders, and derivative classification under Executive Order 13,526 and related case law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CIA properly classified the images under Exemption 1 | Judicial Watch argues failures in procedure and that classifications were not properly supported | CIA contends declarations show plausible harm and proper classification | Yes; Exemption 1 applies and classifications are proper |
| Whether the derivative classification and markings were adequate | CIA failed to show a proper original classification authority and adequate guide description | Derivative classification via the guide suffices and Bennett confirms authority | Substantially upheld; Bennett's authority supports classification; remand unnecessary |
Key Cases Cited
- ACLU v. U.S. Dep’t of Def., 628 F.3d 612 (D.C. Cir. 2011) (affidavit-based justification must be plausible and supported by record)
- Lesar v. U.S. Dep’t of Justice, 636 F.2d 472 (D.C. Cir. 1980) (procedural sufficiency and need for proper classification process)
- Larson v. Dep’t of State, 565 F.3d 857 (D.C. Cir. 2009) (agency justification must be logical/plausible)
- Wolf v. CIA, 473 F.3d 370 (D.C. Cir. 2007) (agency justification supported by detailed declarations)
- Miller v. Casey, 730 F.2d 773 (D.C. Cir. 1984) (deference to agency classifications under Exemption 1)