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If I'm reading this right, the NY Times say that if parts are classified, the interpretation should be released but the classified parts blacked out. What's to stop the government from just blacking out every word, then "releasing" that? Is there some kind of standard or expectation that can prevent the government from doing that?


The Freedom of Information Act (FOIA) is far from perfect, but once a claim is denied and a lawsuit is filed, the burden is on the government to prove which parts (if any) of the document are protected from disclosure. They rejected the initial FOIA request on the grounds that the document is properly classified and would jeopardize national security, but now they will have to prove that to a judge.

In other words, if the lawsuit proceeds all the way to the bitter end, it's up to the judge what parts are blacked out, not the DoJ.

RCFP has a nice overview of the process, if you're interested in the details: http://www.rcfp.org/fogg/index.php?i=intro


The real problem is that we have laws that are classified.





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