11 12 13 14 15 16 17 18 19 20 21 22 23 18-2265 American Civil Liberties Union v. Central Intelligence Agency 18-2265 American Civil Liberties Union v. Central Intelligence Agency UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

August Term, 2018 (Argued: June 13, 2019 Decided: February 2, 2022) Docket No. 18-2265-cv

AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, Plaintiffs- Appellees, v. CENTRAL INTELLIGENCE AGENCY, Defendant-Appellant.

Before: LEVAL, POOLER, and CHIN, Circuit Judges: Appeal from the June 19, 2018 amended judgment of the United States District Court for the Southern District of New York (Hellerstein, J.) ordering the Central Intelligence Agency to make public certain information contained in a draft summary of the CIA’s former detention and interrogation program, as well 10 11 12 13 14 i5 16 17 18 19 20 21 22 23 24 25 26 27 28 as the transcript of certain ex parte proceedings before the district court. The CIA argues the information was properly withheld under Exemptions 1 and 3 to the Freedom of Information Act. We agree with the CIA that Exemption 1 requires withholding certain information the district court ordered disclose