Case 1:14-cv-09763-VM Document 44 Filed 08/28/15 Page 30 of 35
this same
information from other government divisions and
agencies.
Relatedly,
the case at hand can be distinguished from
(~
case law cited by the Government
11-12)
for
disclosed
Gov' t
Reply Mem. at
the proposition that information need only be
if
the
specific
agency
had
made
an
disclosure of the protected information. See,
v.
CIA,
586
involve
F.3d 171
Freedom
classified
of
(2d Cir.
2009).
Information Act
government
~,
or
~
Those cases either
("FOIA"l
information,
official
issues
requests
of
related
to
disclosure of classified information by current or former
government
officials
who
were
under
a
contractual
obligation to keep classified information confidential. At
issue here,
not
however,
is law enforcement sensitive material
classified
justifications
for
information.
keeping
the
The
Attachment
Government's
confidential
implicate classified information contained in the
in
~
Perdue
Declaration.
seeking disclosure of
seeks
disclosure
only
However,
the material
of
the
~.~
Merrill
12.!!_rte,
is
contained therein.
Attachment,
which
is
not
He
not
classified.
FUrthermore,
the plaintiff here is a private citizen,
not a government official who had a contractual obligation
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