PFEIFFER v. C.I.A.

No. 94-5107.

60 F.3d 861 (1995)

Jack B. PFEIFFER, Appellant, v. CENTRAL INTELLIGENCE AGENCY and United States of America, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided August 1, 1995.


Attorney(s) appearing for the Case

Paul A. Levy, argued the cause, Washington, DC, for appellant. With him on the briefs, was Alan B. Morrison, Washington, DC.

Douglas N. Letter, Appellate Litigation Counsel, U.S. Dept. of Justice, argued the cause, Washington, DC, for appellees. With him on the brief, were Frank W. Hunger, Asst. Atty. Gen., U.S. Dept. of Justice and Eric H. Holder, Jr., U.S. Atty. Vincent M. Garvey, Counsel, U.S. Dept. of Justice, Washington, DC, entered an appearance.

Before BUCKLEY, GINSBURG, and SENTELLE, Circuit Judges.


GINSBURG, Circuit Judge:

As part of his duties as an historian employed by the CIA, Dr. Jack B. Pfeiffer wrote a report dealing with the Agency's internal investigation of the Bay of Pigs Operation. When he left the CIA Pfeiffer took a copy of that report, which he later asked the Agency to review and clear for publication. When the CIA declined, Pfeiffer brought suit in district court claiming that the Agency's refusal to undertake such a review operated as a prior...

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