ELR Citation: ELR 20527
No(s). 71-1708 (D.C. Cir. Oct 15, 1971)

District court grant of summary judgment for defendants in case brought by 33 congressmen seeking disclosure of documents pertaining to environmental hazards of underground Cannikan nuclear test reversed and remanded for further consideration. Freedom of Information Act of 1970 supercedes 1953 executive order dealing with classified documents. Physically attached documents must be examined individually and declassified if they do not fall within specific exemptions of Act. The same applies to severable components of the same document. Secrecy by association is not favored under the Act. Documents should be examined in camera upon remand in order not to jeopardize the conduct of national defense or foreign policy. Mandate of Soucie v. David that exemptions to Act be construed narrowly should be relaxed somewhat where documents were intended for president and claim is that they would impede his conduct of foreign policy or injure national defense. Mere factual information transmitted to president and not involving national defense or foreign policy, however, is not privileged unless it is inextricably intertwined with policymaking processes.

Counsel for Appellants
Ramsey Clark
Kenneth C. Bass, III Paul Weiss, Rifkind, Wharton & Garrison
Suite 7000
1775 K Street, NW
Washington, DC 20006
(202) 293-6370

Counsel for Appellees
Jeffrey Axelrad
Rm 3627, (202) 739-3300

Morton Hollander
Rm. 3642, (202) 739-3642

Harland F. Leathers
Rm. 3617, (202) 739-3311
Department of Justice
Main Justice Building
10th & Constitution Avenue
Washington, DC 20530

Before FAHY, Senior Circuit Judge, and LEVENTHAL and WILKEY,^* Circuit Judges.