Elec. Frontier Found. v. DOJ, 141 F. Supp. 3d 51

Holding, Findings, and Matters of Law

EPIC requested production of a § 1809 opinion referenced in GID.C.00073. See id. at 54-55. The Court found that the DOJ declarations were sufficient to show that the opinion is classified and properly withheld under FOIA Exemption 1. Id. at 56-58. Although classified information may be disclosed over Government objection if it has been officially acknowledged (i.e., the same specific information had already been made public through official and documented disclosure), the Court found that this opinion had not been officially and publicly disclosed, and is therefore properly withheld under Exemption 1. Id. at 58-59.