CIA Beats New York Times’ FOIA Bid Over Syrian Rebel Program

• Majority says ‘lingering doubts’ remain about program’s existence

• Dissent says Trump tweet acknowledged payments to Syrian rebels

Bloomberg Law, July 9, 2020

The Central Intelligence Agency won’t have to tell the New York Times whether it has documents related to a covert program of arming and training rebel forces in Syria, after the Second Circuit found the agency didn’t waive its right to claim a FOIA exemption.

Public statements about the program by President Donald Trump and a military commander didn’t strip the CIA of the claimed exemption because the statements didn’t officially acknowledge or declassify the existence of such a program, the U.S. Court of Appeals for the Second Circuit said Thursday.

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