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Government
Freedom of Information Act
CIA Interview

Phillip Mosier v. Central Intelligence Agency

Published: Dec. 28, 2013 | Result Date: Nov. 27, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 2:13-cv-00744-MCE-KJN Summary Judgment –  Defense

Court

USDC Eastern


Attorneys

Plaintiff

Avner David Sofer


Defendant

Yoshinori H.T. Himel

Jennifer S. Wang
(Office of the U.S. Attorney)


Facts

Phillip Mosier sued the Central Intelligence Agency, based on the CIA's noncompliance with Mosier's requests for informant based on the Freedom of Information Act. Mosier filed the request with the CIA on Sept. 28, 2009, seeking all information and records that the CIA had on him.

Although the CIA conducted a search, it replied to Mosier that it was unable to locate any of the information or records he was looking for. Mosier then filed this action.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that in 1966 the CIA interviewed him. Plaintiff had tried to obtain information of that interview, but claimed the CIA refused to provide any information. Initially, the CIA responded to Mosier's FOIA request, claiming that it had no responsive documents, and couldn't admit or deny otherwise. After numerous additional communications and an appeal, the CIA admitted that at one point they had a file on Mosier. The CIA claimed that the file had been destroyed in 1996. Mosier's lawsuit against the CIA attempted to obtain documents regarding Mosier and information on the files that were destroyed.

Plaintiff is a United States citizen with no foreign ties. Plaintiff argued that in spite the lack of any foreign ties, the CIA claimed they couldn't confirm or deny any documents it may have regarding him.

Mosier argued that the CIA's response to his request was inadequate, and requested that the court review any of the documents at issue itself.

DEFENDANT'S CONTENTIONS:
The CIA argued that it had conducted an adequate search of the records Mosier had requested, and that it had issued a proper response.

Result

The court found that the CIA had properly complied with Mosier's request, and granted its motion for summary judgment, and denied Mosier's motion for summary judgment.


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