FOIA Advisor

FOIA News: CIA Releases Controversial Bay of Pigs History

FOIA News (2015-16)Kevin SchmidtComment

CIA Releases Controversial Bay of Pigs History

National Security Archive, Oct. 31, 2016

The CIA today released the long-contested Volume V of its official history of the Bay of Pigs invasion, which it had successfully concealed until now by claiming that it was a “draft” and could be withheld from the public under the FOIA’s "deliberative process" privilege. The National Security Archive fought the agency for years in court to release the historically significant volume, only to have the U.S. Court of Appeals in 2014 uphold the CIA’s overly-broad interpretation of the "deliberative process" privilege. Special credit for today’s release goes to the champions of the 2016 FOIA amendments, which set a 25-year sunset for the exemption:  Senators John Cornyn, Patrick Leahy, and Chuck Grassley, and Representatives Jason Chaffetz, Elijah Cummings, and Darrell Issa.

Chief CIA Historian David Robarge states in the cover letter announcing the document’s release that the agency is “releasing this draft volume today because recent 2016 changes in the Freedom of Information Act (FOIA) requires us to release some drafts that are responsive to FOIA requests if they are more than 25 years old.” This improvement – codified by the FOIA Improvement Act of 2016 – came directly from the National Security Archive’s years of litigation.

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