Vietnam Veterans of America v. Central Intelligence Agency

I agree that the text of AR 70-25 unequivocally commands the Army to provide certain newly acquired information to all former research volunteers when that information becomes available. Because the Army has “unlawfully withheld” agency action by denying that it owes this duty to certain past volunteers, I join the majority in affirming the district court’s judgment and injunction compelling the Army to comply with AR 70-25’s clear regulatory mandate. See 5 U.S.C. § 706(1). I write separately in concurrence on this point only because I do not join the majority’s analysis of regulatory history…