In the past, the National Reconnaissance Office, the agency that develops spy satellites, has released unclassified portions of its budget request documents. But last year, the NRO refused to do so, claiming that these unclassified materials fall under the “operational files” exemption to the Freedom of Information Act.
A lawsuit brought by the Federation of American Scientists is challenging that claim. The two parties have just finished briefing the case with replies to each other’s opposing motions.
“The defendant [NRO] has shown by a sworn declaration which is clear, specific, and reasonably detailed that the requested records are properly designated as operational,” the NRO concluded (pdf).
No, “since all parties agree that the requested record has been disseminated beyond its originating operational file, the conclusion is inescapable that the requested record must be processed under FOIA,” we argued (pdf).
At this point, the parties are largely talking past each other, and it will be up to the judge, the Hon. Reggie B. Walton, to resolve the dispute.
The latest pleadings in Aftergood v. NRO may be found here.
The U.S. should continue its voluntary moratorium on explosive nuclear weapons tests and implement further checks on the president’s ability to call for a resumption of nuclear testing.
To help protect U.S. critical infrastructure workers, the next presidential administration should ensure ample supplies of high-quality respiratory personal protective equipment.
As data fuels the next transformative modernization phase, the federal government has an opportunity to leverage modern practices to leap forward in scaling IT modernization.
To maximize the potential of apprenticeship programs, the federal government should develop a cohesive approach to supporting “apprenticeships of the future,” such as those in cyber, healthcare, and advanced manufacturing.