18 U.S.C. § 793(e) does not use the tem1 "classified information.'' but rather criminalizes the wtlawful retention of "information relating to the national defense." The statute does not define "i.11fom1ation related to the national defense." but courts have construed it broadly. See Gorin, .. United States. 312 U.S. 19. 28 (1941) (holding that the phrase •'information relating to the national defense" as used in the Espionage Act is a "generic concept of broad connotations. refen-ing to the military and na·al establishments and the related activities of national preparedness"). fo addition. the information must be "closely held" by the U.S. government. See United States, .. Squil/acote. 221 F.3d 542, 579 (4th Cir. 2000) (''[I]nfonnation made public by the go·emment as well as infonnation never protected by the govemment is not national defense infom1ation."); United States, .. Morison. 844 F.2d 1057, 1071-72 (4th Cir. 1988). Certain courts have also held that the disclosure of the documents must be potentially damaging to the United States. SeeM01ison, 844 F.2d at 1071-72.
FOIA requests typically can be denied if it’s during an active investigation. That’s a valid rule but is also used to delay by certain law enforcement agencies.
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u/Mikeavelli Aug 26 '22
And in a later footnote: