An appeals court ruled on Friday that more than 6,000 pages of the so-called Senate torture report cannot be made public because they consist of congressional records that are not subject to disclosure under the Freedom of Information Act, which only covers federal agencies.
The unanimous ruling by the U.S. Court of Appeals for the D.C. Circuit in Washington made clear that records that Congress shares with federal agencies can’t be disclosed if there’s a “clear intent” by lawmakers “to control the document.”
The decision dealt a major blow to the American Civil Liberties Union, which sued the CIA and other federal agencies that saw the full report ahead of the Senate’s release of a much shorter executive summary in 2014.
The ACLU had argued that the Senate Select Committee on Intelligence, then headed by Sen. Dianne Feinstein (D-Calif.), had “relinquished control” of the full report when it allowed President Barack Obama and other agencies to inspect it before the much briefer executive summary was released to the public.