Legal Opinion

Berman v. Central Intelligence Agency

Court of Appeals for the Ninth Circuit

Decided September 4, 2007No. 05-16820PublishedCited by 32 opinions

1Opinion of the Court

FISHER, Circuit Judge:

For nearly half a century, the CIA has each day sent the President a highly classified summary of the most important and timely intelligence relating to this country’s national defense and foreign policy priorities. We must decide in this case whether two of these reports — known as the President’s Daily Brief (PDB) — from the administration of President Lyndon B. Johnson are exempt from disclosure under the Freedom of Information Act (FOIA), 5 U.S.C. § 552. We hold that the CIA has provided ample justification that the disclosure of the two PDBs would reveal protected…

2Cases cited12 opinions

  1. Wolf v. Central Intelligence AgencyCourt of Appeals for the D.C. Circuit · 2007
  2. Central Intelligence Agency v. SimsSupreme Court of the United States · 1985
  3. Nathan Gardels v. Central Intelligence AgencyCourt of Appeals for the D.C. Circuit · 1982
  4. Beatrice Maynard v. Central Intelligence Agency, Beatrice Maynard v. Central Intelligence AgencyCourt of Appeals for the First Circuit · 1993
  5. Church of Scientology of California, a Nonprofit Corporation, Plaintiff v. United States Department of the Army: Howard H. Callaway, Secretary of the Army U. S. Intelligence Agency Major Aaron, Assistant Chief of Staff for Army Intelligence, Church of Scientology of California, a Nonprofit Corporation, Plaintiff v. United States Department of Defense Office of the Secretary of Defense James R. Schlesinger, Secretary of the Department of Defense United States Department of the Navy J. Wm. Middendorf Ii, Secretary of the Navy Naval Intelligence Command: Rear Admiral E. F. Rectanus, Director of Naval Intelligence, DefendantsCourt of Appeals for the Ninth Circuit · 1980

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3Cited by32 opinions

  1. Aron Dibacco v. United States ArmyCourt of Appeals for the D.C. Circuit · 2015
  2. Hamdan v. United States Department of JusticeCourt of Appeals for the Ninth Circuit · 2015
  3. Wilson v. Central Intelligence AgencyCourt of Appeals for the Second Circuit · 2009
  4. Sack v. Central Intelligence AgencyDistrict Court, District of Columbia · 2014
  5. Electronic Frontier Foundation v. Office of the Director of National IntelligenceCourt of Appeals for the Ninth Circuit · 2010

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