Assassination Archives and Research Center v. Central Intelligence Agency

This Court granted of a writ of certiorari on February 28, 2020 in case # 19-547, Fish and Wildlife Serv., et al. v. Sierra Club, Inc. That case presents an issue closely similar to one in Petitioner’s case involving the deliberate process privilege under Exemption 5 of the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552(b)(5). The results of the two cases arising from different circuits are in conflict. The Fish and Wildlife Service case presents an issue of compelled release under the FOIA of draft documents for which the government asserts a deliberative process privilege under FOIA Exemption 5. Petitioner AARC’s case involves the Central Intelligence Agency’s successful assertion of the Exemption 5 deliberative process privilege for information reflecting CIA’s search activities in responding to Petitioner’s FOIA request. Petitioner’s FOIA request relates to a matter of public importance- new information about the circumstances of the assassination of President Kennedy.

1. Whether CIA can assert a deliberative process privilege under Exemption 5 of the FOIA for its search activities in responding to a FOIA request?

2. Should the Judgment of the Court of Appeals for the District of Columbia be reversed because it is in direct conflict with Dep’t. of Justice v. Tax Analysts, 492 U.S. 136, 109 S.Ct. 2841 (1989) in that CIA referred Petitioner to the National Archives rather than account for its processing of Petitioner’s FOIA request?

3. Should the Judgment of the Court of Appeals for the District of Columbia be reversed because CIA’s Exemption 5 claims are not properly justified under summary judgment standards as they do not provide Petitioner with sufficient information to intelligently contest the claims?