Update on Bin Laden Death Photos

Josh Gerstein of Politico has an update on the litigation brought against the goverment for the death photos of Osama Bin Laden.  The government is saying that the records are in the possession of the CIA and as the records are a classified intelligence activity, the CIA may withhold the material pursuant to FOIA Exemptions 1 and 3.

I have consistently stated that if the government made this argument it would be difficult for requesters to overcome.  The requesters opposition is due on October 24, 2011.