Leslie James Pickering v. Central Intelligence Agency

Summary

The United States District Court for the Western District of New York denied the CIA’s motion for reconsideration of an order requiring submission of an FBI Form FD-302 for in camera review in a FOIA action. The court modified the procedure to permit the CIA to submit either the redacted version or any unredacted version it possesses, while limiting disclosure of whether an unredacted version exists.

Holdings

1. Reconsideration was not warranted because the CIA did not establish a controlling change in law, new evidence, clear error, or manifest injustice sufficient to disturb the prior order.
2. The court retained its order requiring in camera review because the redacted FBI Form FD-302's reference to the CIA, considered with the surrounding circumstances, left questions about possible unlawful domestic surveillance that could not be resolved solely from the agency's public declaration.
3. The CIA must submit the redacted Form FD-302 if it possesses only that version, and must submit an unredacted version if it possesses one; the court will conduct the review in camera and will not disclose which version was submitted except under the stated condition involving unlawful domestic surveillance.

Questions Presented

1. Whether the CIA demonstrated clear error warranting reconsideration of the court's order requiring production of the Form FD-302 for in camera review.
2. Whether the court could structure in camera review in a manner that preserved the Glomar doctrine while addressing the unresolved questions raised by the publicly released, redacted FBI document.
3. Whether the redacted version or any unredacted version of the Form FD-302 should be submitted for in camera review.

Disposition

other