Latest Case: The New York Times v. Central Intelligence Agency (Government & Administrative Law)

A Modest Proposal: A Heartbeat Bill for Those Who Don’t Wear Masks

MARCI A. HAMILTON

University of Pennsylvania professor Marci A. Hamilton draws upon a strategy used by anti-abortion advocates in suggesting a way to encourage (or coerce) more people into wearing masks to avoid the spread of COVID-19. Hamilton proposes requiring persons who opt not to wear a mask in public (1) to watch, on a large screen, an adult's beating heart for 30 seconds, and (2) to be read a statement about how their decision unreasonably endangers others.

Read More

The New York Times v. Central Intelligence Agency

Docket: 18-2112

Opinion Date: July 9, 2020

Judge: John M. Walker

Areas of Law: Government & Administrative Law

The Times filed a Freedom of Information Act (FOIA) action seeking acknowledgement from the CIA that it was aware of the existence of records regarding a covert program of arming and training rebel forces in Syria. The CIA responded to the request with a Glomar response, stating that it could neither confirm nor deny the existence or nonexistence of such records. The Second Circuit affirmed the district court's grant of summary judgment in favor of the CIA. After according appropriate deference to the uniquely executive purview of national security, the court held that President Donald Trump's statements, even when coupled with General Raymond (Tony) Thomas's statements, left lingering doubts and thus were insufficient to amount to an official acknowledgement of the alleged covert program in Syria, much less the existence of records related to the program. The court stated that it is still logical or plausible that disclosing the existence or nonexistence of an intelligence interest in such a program would reveal something not already officially acknowledged and thereby harm national security interests. The court also held that President Trump's tweet and statements to the Wall Street Journal interviewer did not declassify the existence of the covert program.