On November 29, 2007, the Historical Society of the D.C. Circuit presented a program on the role of the Courts of the District of Columbia Circuit in developing the law respecting the Freedom of Information Act (“FOIA”) and national security.
Particular attention was given to the origins and history of Exemption 1, 5 U.S.C. 552(b)(1), pertaining to national defense and foreign policy; problems such as delay and over classification; how the line should be drawn between the public interest in disclosure and the needs of national security; what the drafters envisioned and whether those objectives are feasible in today’s circumstances; and relevant judicial interpretations.
You can view in full the Society’s program on the role of the Courts of the District of Columbia Circuit in developing the law respecting the Freedom of Information Act and national security below.
The Hon. Patricia M. Wald, formerly Chief Judge of the U.S. Court of Appeals for the District of Columbia Circuit, moderated the discussion, which was in Q and A format.
Panelists included Stewart A. Baker, Assistant Secretary for Policy for the U.S. Department of Homeland Security and former General Counsel of the National Security Agency; Thomas S. Blanton, Director of the National Security Archives at George Washington University; the Hon. Royce C. Lamberth, U.S. District Judge for the District of Columbia; and James T. O’Reilly, Professor of Law, University of Cincinnati College of Law, and publisher of the FOIA Reporter.