Case 0:17-cv-60426-UU Document 169 Entered on FLSD Docket 06/04/2018 Page 16 of 22 confidential briefing to the President and the President-elect by the four most senior intelligence directors in the country is official action taken by those empowered to do so. So too is an FBI investigation into the truth of the Dossier’s allegations. See, e.g., Test Masters, 603 F.Supp. 2d at 588. Applying the privilege to classified intelligence briefings accords with both the purpose of the privilege and New York case law. See Williams, 23 N.Y.2d at 599 (holding that the purpose is to protect reports about proceedings in the public interest); Medico v. Time, Inc., 643 F.2d 134, 141 (3d Cir. 1981) (explaining that the policy behind the privilege supported extending it to privileged and confidential FBI investigatory documents because “[i]f the citizenry is effectively and responsibly to discharge its obligation to monitor the conduct of its government, there can be no penalty for exposing to general view the possible wrongdoing of government officials.”); see also Test Masters, 603 F.Supp. 2d at 588–89 (collecting cases showing that the privilege applies to a wide range of investigatory proceedings). Regardless of the broad scope of the privilege, its protection is available only if an ordinary reader of the Article would have concluded that there was a classified briefing or an FBI investigation concerning the truth of the Dossier’s allegations. See Fine, 2013 WL 528468, at *3; Schwartz v. Bartle, 51 Misc. 2d 215, 216, 272 N.Y.S.2d 805, 806 (Sup. Ct. 1966) (holding that the privilege applied only if the allegedly libelous statements arose during a judicial proceeding, which was a question for the court); cf Corp. Training Unlimited, Inc. v. Nat’l Broad. Co., 868 F. Supp. 501, 509 (E.D.N.Y. 1994) (ruling that the privilege did not apply where “[t]he ordinary viewer . . . would not have been under the impression that he was being presented with the report of the . . . proceedings”). The Article itself does not permit an ordinary reader to understand that the Dossier was the subject of classified briefings or an FBI investigation. 16