Hey, that’s pretty neat! Let me try:
The New York Times, et al., v. Central Intelligence Agency (2020)
Declassification cannot occur unless designated officials follow specified procedures. Moreover, courts cannot “simply assume, over the well-documented and specific affidavits of the CIA to the contrary,” that disclosure is required simply because the information has already been made public.
The Shiner affidavits, in addition to justifying the two FOIA exemptions, expressly stated that no declassification procedures had been followed with respect to any documents pertaining to the alleged covert program.
Moreover, the Times cites no authority that stand for the proposition that the President can inadvertently declassify information and we are aware of none. Because declassification, even by the President, must follow established procedures, that argument fails.
Pretty cool!!