Nassar Afshar v. Department of State

McGOWAN, Senior Circuit Judge:

In this appeal arising under the Freedom of Information Act (“FOIA” or “the Act”), the appellant raises four substantive issues: (1) whether the Act allows the government agencies herein to withhold information under exemptions 1 and 3 where there have been prior disclosures of similar information; (2) whether the information withheld under exemption 1 was properly classified in light of the agencies’ failure to balance the public interest in disclosure against the government’s need for secrecy; (3) whether information can be withheld under exemption 3 of the Act…