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 - 30 -

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