The refusal of the National Security Agency to disclose whether conversations between lawyers and their clients at the Guantanamo Bay detention facility were intercepted has been upheld by a federal appeals court in Manhattan.

Addressing questions of first impression, the 2nd U.S. Circuit Court of Appeals 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.

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