I EXHIBIT 

UNITED STATES COURT OF APPEALS 

FOR THE DISTRICT OF COLUMBIA CIRCUIT 

fl 

No. 81 -22 3 

ANCVMAVER.WH JTINGTON, Cl.ERK 

U.S. DISTR!CT COURT 

RAL H w.· MC GEH E, ~ al., 

Plaintiffs- Appellants~ 

. _v. 

WILLIAM CASEY, 

. Defendant-Appellee • . '· ;. 

ON APPEAL .FROM . THE ~uN°ITED. ·s:TATE°ii oISTRICT 

.. . . couRT FOR THE oisTRicT ~:oF ,•.cot:'i1MBrA· · 

· .·. :· -~-~~~·-::·>· .... \·r<,~~--~2-:t~>\'_··~:- _ 

LA . . - . 

{}{{~~"\ . ': . . : 

Ma·r k~·~rH ; ,-· ync ,- . ... ' •11-"\ ..:.· ._ ... , ~ • • .... 

Stliaht w: ~Shaffer . ~~}~{.}:~--1~}t;~t? 'i~ :;~<- , , , ,, ~· · . XitiJ~:f-Tc'an ·c'i vi.~1-·Liberties Union . ~f'.·Fo'undation :·. · ·· . 

~2 Mikyl~nd Avenue, N.E. · 

ashirig~on·, D ~ C. ·2000 2 

(20 2) · 544-5388' 

Thomas R. K ine 

l l \ • L 

I 

1250 Connecticut Averiue, N.W. 

Washington, D.C. ' 20036 

(202) 862-2000 

Attorneys for Appellants 

Ex. A

Case 3:22-cv-00706-C Document 19-1 Filed 06/01/23 Page 1 of 3 PageID 406
- 6 -

(l)Place a person' s l i fe in jeopardy. 

(2)Adversely affec t he public he alth and safety . (3)Imped 1 gi ima e law enforcement functions. 

(4)Imped h inv s ·ga ive or oversigh t functions 

of Cong 

(S)Obstruc administration of justice. 

(6)D priv h pub 'co information i nd i spensable 

to public d c·s·ons on issu s of critical 

national nc ( ctive for de cl assification c nduc don or after 1 February 

1980). 

45 Fed. Reg. 64174-64175 (Se p . 29, 1980). 

C. Proceedings in the District Court. 

McGehee and The Nation f il e d their complaint on March 

27, 1981, see king an order that would permit them to publish 

the censored portions o f McGehee's article. In response to 

plaintiffs ' motion f or expedited proceedings (Record Entry 3, ,.,. 

h e r e inafter "R.E . "), the district court ordered the CIA to 

fil e a motion fo r summary judgment by April 8, 1981. Th is 

mo t i o n (R.E.5) was supported by an in camera affidavit execu ted 

by a CIA offici a l who explained why he had determined that t h e 

censored infor mation was properly classified pursuant to 

Executive Order 1 2065.~/ 

Under a protective order to which the parties stipulated 

(J. A. 20-22), McGehee and one of his attorneys were permitted 

acce ss to this affid a vit in order that McGehee could prepare an 

in c amera counter-affid a v i t which takes issue with the factual 

assertio ns in the CIA affidavit. Relying on McGehee's affidavit 

* / The official, whose identity is classified, is the Chief of 

the Information Management Staff of the Directorate of Operations 

t the CIA. (J.A. 23.) 

Case 3:22-cv-00706-C Document 19-1 Filed 06/01/23 Page 2 of 3 PageID 407
f 

-7-

and ot er supporting materials, plaintiffs opposed the CIA's 

mot· on for summary judgment and filed their own cross-motion 

f or summary judgment. (R.E. 4.) The CIA official prepared a 

second in camera affidavi plying o McGehee's first affidavit , 

and McGehee then filed a s cond in camera affidavit. The case 

was fully submitted 0 h d's C udge by April 24, 1981 . ..:/ 

The CIA contends tha h delet d portions of the article 

are properly classified because their publication would reveal 

CIA foreign intelligence operations , foreign intelligence sources, 

an intelligence method, and CIA intelligence capabilities. 

(J. A. 24, ,r 5.) The CIA further contends that such disclosure 

would impair foreign intelligence sources , methods, and operations and would adversely affect t he foreign relations of the 

United States. 

McGehee agrees that he is duty and honor bound not to 

reveal genuinely secre~ intelligence sources and methods. (Second 

In Carner a Affidavit, ,1 41.) However, in his i n earner a 

affidavits, he demonstrates that as a textual matter his 

article does not disclose intelligence sour ces, methods, and 

operations or information that would adversely affect foreign 

relations to any greater extent than information which the CIA 

has approved for publication. Therefore McGehee contends that 

2/All o~ the in camera affid~vits are stored at the Department 

of Justice and were made available to the district judge upon 

request. The in camera affidavits are similarly available to 

this court. 

Case 3:22-cv-00706-C Document 19-1 Filed 06/01/23 Page 3 of 3 PageID 408