Court says military’s response lacked detail but upholds decision to withhold one classified video
WASHINGTON, D.C. – A federal judge in the District of Columbia has ordered the U.S. Air Force to provide more information about how it searched for records related to unidentified aerial phenomena, after an investigative journalist challenged the adequacy of the agency’s Freedom of Information Act (FOIA) response.
The case, brought by Dustin Michael Slaughter, publisher of The UAP Register, seeks videos submitted by Air Force personnel to the National Air and Space Intelligence Center (NASIC) concerning unidentified flying objects and unmanned aerial systems. While the court agreed to review additional evidence on the scope of the Air Force’s search, it upheld the government’s decision to withhold one video entirely.
Key Points
- Journalist sought all Air Force videos of unidentified aerial phenomena between 2022 and 2023
- Judge found the Air Force’s search declarations incomplete and ordered more detailed submissions
- Court upheld the Air Force’s full withholding of one classified video under FOIA exemptions
Court questions Air Force’s FOIA process
U.S. District Judge Royce C. Lamberth ruled that the Air Force’s filings were insufficient to determine whether its search for responsive records met the standards required under FOIA. The opinion notes that the agency’s initial search found no records, but a later, expanded search identified three responsive videos.
The court directed the Air Force to supplement its declarations explaining how and where searches were conducted and why additional responsive materials could not be located.
Withholding of “F-22 video” upheld
Among the materials located, one was identified as the “F-22 video.” The Air Force withheld it in full, citing national security and classified information exemptions under FOIA. Judge Lamberth agreed with that decision, finding the justification adequate.
The court’s order leaves open the question of whether the Air Force’s additional searches will satisfy the FOIA request, setting the stage for further filings in the coming weeks.