Disclosure / United States

US Court US District Court for the District of Columbia; National Security Agency

The court upholds the NSA's withholding of its UFO records in Citizens Against UFO Secrecy v. NSA, on the Yeates affidavits

On 18 November 1980 the US District Court for the District of Columbia granted the National Security Agency's motion for summary judgment in Citizens Against UFO Secrecy v. National Security Agency, Civil Action No. 80-1562, a Freedom of Information Act suit seeking all NSA documents relating to UFOs. The court reviewed a public affidavit and a 21-page top secret in camera affidavit from NSA official Eugene Yeates and found the claimed exemptions properly applied. It held that the withheld communications intelligence reports were protected under Exemption 3 and Public Law 86-36, that four other documents were properly withheld in whole or part, and that the public interest was outweighed by national security. The case was dismissed.

3 documents·5 points
  • The plaintiff sought all documents in the NSA's possession relating to UFOs and UFO phenomena; the bulk of the withheld material consisted of communications intelligence reports.
  • The court examined personally a top secret, 21-page in camera affidavit from NSA official Eugene Yeates, alongside his public affidavit.
  • The court found that release of the intelligence reports "could seriously jeopardize the work of the agency and the security of the United States" and granted the Exemption 3 claim in its entirety under Public Law 86-36, without considering Exemption 1.
  • Four documents that were not intelligence reports were withheld in whole or in part under Exemptions 1, 3, 5 and 6, which the court found proper.
  • The court found the affidavits sufficient to make in camera review of the documents themselves unnecessary, granted summary judgment and dismissed the case.

Documents

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