December 2, 2012
The Freedom of Information Act in the US is an constantly evolving Act, subject to alteration by those who deem it necessary. There are 9 exemptions under which records can be withheld in whole or in part. One of the more interesting exemptions is exemption b(9)(c) (1) exclusion which in itself could be considered justify, yet it could also be a tiny glimpse into records who's very existence is denied. To quote:
"The (c)(1) exclusion authorizes federal law enforcement agencies, under specified circumstances, to shield the very existence of records of ongoing investigations or proceedings by excluding them entirely from the FOIA's reach."
The last phase is one of great interest to those of us trying to obtain records through this act. Excluding records "entirely from the FOIA's reach". There is no doubt many records are beyond the reach of the FOIA, including those that are beyond the Top Secret/SCI classification system.
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