The 2nd Circuit has upheld the refusal of the National Security Agency to disclose whether conversations between lawyers and their clients at the Guantanamo Bay detention facility were intercepted. Addressing questions of first impression, the federal appeals court on Wednesday adopted a doctrine holding that intelligence agencies can refuse to confirm or deny the existence of records sought under the Freedom of Information Act where intelligence officials state that disclosure would compromise national security.
2nd Circuit Rejects Lawyers' Petition for Records of Intercepted Calls
New York Law Journal
December 31, 2009