Ernest L. Bell, III v. United States of America

COFFIN, Chief Judge.

Appellant brought suit under the Freedom of Information Act, 5 U.S.C. § 552 et seq., to compel disclosure of certain documents gathered and collated by the Allied Intelligence Services under the so-called “ULTRA” program during World War II. The National Security Agency resists disclosure of most of the requested material, claiming exemption under § 552(b)(1) for material “specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and ... in fact properly classified.” 1 The history of…