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DECISIONS Young’s e-mail address is gyoungnlj.com. central intelligence Agency profiles of Cuban nationals from 1962 were not subject to disclosure under the Freedom of Information Act (FOIA), the U.S. Court of Appeals for the D.C. Circuit held on July 8. Assassination Archives and Research Ctr. v. CIA, No. 02-5003. The Assassination Archives and Research Center (AARC), an organization studying the assassination of President John F. Kennedy, filed a FOIA request, seeking access to 1962 CIA profiles of Cuban nationals known as the “Compendium.” The CIA refused to release the information because portions of the profiles were classified as secret and because, the agency argued, they were exempt from disclosure under the National Security Act of 1947. After a district court held in favor of the CIA, the AARC appealed, arguing that the CIA failed to meet its FOIA exemption burden and that information on Cuban nationals had been disclosed previously under the John F. Kennedy Assassination Records Collection Act (JFK Act). In affirming, the D.C. Circuit held that the AARC had not demonstrated that the CIA waived its exemption under FOIA because it failed to show that the materialsthe agency released under the JFK Act were identical to those the AARC sought from the Cuban profiles. Following the standard mandated by earlier precedent, the court said that an AARC witness testifying about the previous disclosures “made no specific showing that any of the JFK Act disclosures revealed information that is ‘as specific as’ and ‘match[es]‘ that included in the Compendium.”

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