Amnesty Int'l U.S. v. Cent. Intelligence Agency
Citation | 728 F.Supp.2d 479 |
Decision Date | 02 August 2010 |
Docket Number | No. 07 Civ. 5435 (LAP),07 Civ. 5435 (LAP) |
Parties | AMNESTY INTERNATIONAL USA, Center for Constitutional Rights, Inc., & Washington Square Legal Services, Inc., Plaintiffs, v. CENTRAL INTELLIGENCE AGENCY, Department of Defense, Department of Homeland Security, Department of Justice, Department of State, and Their Components, Defendants. |
Court | United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York |
David Seaton Brown, Madeleine Ann Hensler, Morrison & Foerster LLP, Margaret Lockwood Satterthwaite, Amna Amber Akbar, New York University School of Law, Gitanjali S. Gutierrez, New York, NY, for Plaintiff.
Jeannette Anne Vargas, Brian Marc Feldman, Emily Ewell Daughtry, Heather Kirsten McShain, U.S. Attorney's Office, New York, NY, for Defendant.
Plaintiffs Amnesty International USA ("AI"), the Center for Constitutional Rights, Inc. ("CCR"), and Washington Square Legal Services ("WSLS," and together with AI and CCR, "Plaintiffs") served four requests for records (the "Requests") under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, on Defendant Central Intelligence Agency ("CIA" or "Defendant"). 1 Currently before the Court are the CIA's motion forsummary judgment [dkt. no. 141] and Plaintiffs' cross-motion for partial summary judgment [dkt. no. 158] which raise the questions of whether the CIA adequately searched for the requested records and properly invoked several of the exemptions set forth in the 5 U.S.C. § 552(b).2 For the reasons set forth herein, the Court concludes that the CIA's search for responsive records was adequate, except for its search for records relating to the CIA's use of the "attention grasp" technique in its interrogations of suspected terrorists. In addition, the Court finds that the CIA's assertion of the various FOIA Exemptions and its Glomar responses are, for the most part, justified. Accordingly, the CIA's motion and Plaintiff's cross-motion are GRANTED in part and DENIED in part.
Collectively, Plaintiffs have submitted four FOIA requests to the CIA and other agencies seeking records relating to the detention and treatment of detainees. The specifics of each request will be discussed in turn.
On December 21, 2004, CCR submitted a FOIA request for "records relating to the identity of, transport and location(s) of, authority over, and treatment of all unregistered, CIA, and 'ghost' Detainees interdicted, interrogated, and detained by any agency or department of the United States." (Hilton Decl., Ex. B and Brown Decl., Ex. A ("CCR FOIA Request") at 3.) The CCR FOIA Request contained seventeen separate record requests which sought:
( Id. at 4-6.)
On April 25, 2006, AI, together with the WSLS, submitted two separate FOIA requests to the CIA. ( See Hilton Decl. Ex. F and Brown Decl., Ex. B ("First AI FOIA Request"); Hilton Decl., Ex. G and Brown Decl., Ex. C ("Second AI FOIA Request").)The First AI FOIA Request, entitled "Request ... Concerning Detainees, including 'Ghost Detainees/Prisoners,' 'Unregistered Detainees/Prisoners,' and 'CIA Detainees/Prisoners[,]' " sought "any records reflecting, discussing or referring to the policy and/or practice concerning:"
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