DOD Was Right To Refuse FOIA, 2nd Circ. Says In Reversal

Law360 (August 11, 2020, 8:33 PM EDT) -- A U.S. Department of Defense unit can claim a national security exemption from a Freedom of Information Act request for images of terrorist attacks — even if another unit had already shared similar images, according to the Second Circuit.

In overturning a New York federal court, a panel of three judges ruled unanimously that U.S. Central Command had been within its rights when it chose to redact some records and withhold others in response to FOIA requests from New Jersey law firm Osen LLC. Even though another DOD agency, U.S. Army Central, shared similar records with Osen, the information contained in...

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