Am. Civil Liberties Union v. NSA (2nd Cir.) -- affirming district court’s decision that six intelligence program documents were exempt from disclosure under Exemptions 1 and 3, and that a DOJ/Office of Legal Counsel memorandum was protected pursuant to Exemption 5. Notably, the Circuit rejected appellant’s arguments that the government’s Exemption 5 withholdings were undermined by the doctrines of “working law,” “express adoption,” or “incorporation by reference.”
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