Susan D. Goland and Patricia B. Skidmore v. Central Intelligence Agency

I respectfully submit that the court today departs from well-established principles in this circuit in order to sustain summary judgment for the Central Intelligence Agency (CIA). The court also adopts a restrictive definition of “agency records” that erodes the right to disclosure under the *357Freedom of Information Act1 (FOIA) and promotes secret law.

I. THE NEED FOR DISCOVERY IN FOIA CASES

Without discovery, a party to litigation may not have access to facts necessary to oppose" a motion for summary judgment. This problem is especially acute for plaintiffs in FOIA cases. Indeed, recognition of…