Memorandum and Order - Citizens Against UFO Secrecy v. National Security Agency (Civil Action No. 80-1562)

Read from the scan by GLM-OCR; expect the odd misread word.

kind of detail approved in Hayden & Fonda v. National Security Agency, 608 F.2d 1381, 1389-91 (D.C. Cir. 1979), cert. denied, 48 U.S.L.W. 3730 (U.S., May 12, 1980). The Court finds that release of this material could seriously jeopardize the work of the agency and the security of the United States. Under the standards set forth in Hayden & Fonda, the claim of Section (b)(3) exemption must be granted in its entirety. No consideration needs to be given the additional claim for protection under Exemption 1. The standards of Public Law 86-36 have been met.

The Court also finds that the affidavits support nondisclosure for the four documents that are not intelligence reports. Defendant has provided plaintiff with much of the contents of these documents and also has provided a description of both the documents and the deletions. The various claims under Exemptions 1, 3, 5 and 6 as to these documents are proper. The withheld portions either are not responsive to plaintiff's request or are properly exempted.

Throughout the Court's review of this material, the Court has been aware of the public interest in the issue of UFOs and the need to balance that interest against the agency's need for secrecy. The in camera affidavit presents factual considerations which aided the Court in determining that the public interest in disclosure is far outweighed by the sensitive nature of the materials and the obvious effect on national security their release may well entail.

The Court has been mindful of the Court of Appeals' view on in camera review of documents in FOIA cases, see Allen v. CIA, No. 80-1380 (D.C. Cir., filed Nov. 12, 1980), but the Court finds in its discretion that the public and in camera affidavits submitted here are amply sufficient to make such review of the documents unnecessary.