The FBI has lost its novel attempt to use a Glomar response for Exemption 7E. The case brought by the Reporters Committee for Freedom of the Press in the District Court for the District of Columbia found that the FBI's utilization of a Glomar response (can neither confirm not deny that records exist) for records pertaining to instances the FBI used fake documentary film crews as a law enforcement technique was inappropriate. The FBI will now have to either confirm that records exist (and process them accordingly) or state that there are no records. The case can be found here.
This is the second Glomar related case lost by the Department of Justice in the past year - last year the Office of Legal Council lost a bid to invoke a Glomar response with respect to Exemption 5. [Ed. Note - I was the attorney of record for the plaintiff on that decision].
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