Carter v. NSA, No. 13-5322, 2014 U.S. App. LEXIS 7642 (D.C. Cir. Apr. 23, 2014) (per curiam)

Carter v. NSA, No. 13-5322, 2014 U.S. App. LEXIS 7642 (D.C. Cir. Apr. 23, 2014) (per curiam)

Re: Request for records concerning plaintiff obtained in course of NSA's surveillance activities

Disposition: Granting defendant's motion for summary affirmance; denying plaintiff's motion for summary reversal

• Exemptions 1 and 3, Glomar:  The Court of Appeals for the District of Columbia Circuit holds that "[t]he National Security Agency . . . properly invoked a 'Glomar' response to appellant's Freedom of Information Act . . . request for any information about himself obtained in the course of the NSA's surveillance activities."  The court finds that "[a]ppellant has not overcome the presumption of good faith afforded to the government's supporting declaration."  Additionally, the court finds that "[n]or has [plaintiff] shown that the NSA officially acknowledged that it possesses responsive documents."

• Litigation Considerations, Vaughn Index / Declaration:  The Court of Appeals for the District of Columbia Circuit holds that "because the NSA properly invoked a 'Glomar' response, it was not required to submit a Vaughn index."

• Procedural Considerations, "Reasonably Segregable" Obligation:  The Court of Appeals for the District of Columbia Circuit finds that, because the NSA properly invoked a Glomar response, it was not required "to make a segregability determination."