New York Times Co. v. Central Intelligence Agency

OPINION AND ORDER

JED S. RAKOFF, U.S.D.J.

Plaintiff The New York Times Company (“The Times”) brought this action under the Freedom of Information Act seeking to force defendant Central Intelligence Agency (“CIA”) to produce three reports, identified by name and approximate date of publication, relating to chemical weapons in Iraq. See Complaint, ECF No. 1, ¶ 8(i)-(iii). The CIA refused to confirm or deny the existence of these reports—a so-called “Glomar response”1—a position it maintained throughout the briefing and oral argument on the parties’ cross-motions for summary judgment. Following…