Kinney v. CIA, No. 17-35384, 2018 WL 1443611 (9th Cir. Mar. 23, 2018) (per curiam)

Kinney v. CIA, No. 17-35384, 2018 WL 1443611 (9th Cir. Mar. 23, 2018) (per curiam)

Re: Request for records concerning specific individual that requester believed to be former Office of Strategic Services agent

Disposition: Affirming district court's grant of government's motion for summary judgment

Exemption 1, Glomar:  The Court of Appeals for the Ninth Circuit holds that "[t]he district court properly granted summary judgment because the agency provided an affidavit establishing that Exemption 1 of FOIA . . . precludes acknowledgment of the existence of the requested documents."  The district court previously found that "[t]he CIA's affidavit reasonably explains how confirming the existence or nonexistence of the records sought would reveal an unacknowledged human intelligence source, thereby (1) jeopardizing the Agency's ability to perform future intelligence activities with other human sources, and (2) exposing any potential sources that may have grown out of the initial source's service."