The ACLU filed a Freedom of Information Act (FOIA) lawsuit demanding that the CIA, and the Departments of Defense, Justice, and State release a 6,900-page report of a comprehensive investigation into the CIA’s post-9/11 program of detention, torture, and other abuse of detainees. The investigative report was produced by the Senate Select Committee on Intelligence and describes horrific human rights abuses by the CIA. It also chronicles the agency’s evasions and lies to Congress, the White House, the media, and the public. In May 2015, a federal district court dismissed the case, finding that the full torture report is a congressional record and therefore not subject to FOIA, which applies only to executive branch records. The D.C. Circuit Court of Appeals affirmed the district court’s judgment in May 2016. In November 2016, we filed a petition for a writ of certiorari in the Supreme Court, asking it to hold that the full report is subject to FOIA — so it may be released to the public. In April 2017, the Supreme Court declined to hear the case. The outcome was a major setback for government transparency and accountability.

The American Civil Liberties Union filed suit against the federal Bureau of Prisons for refusing to fulfill a Freedom of Information Act request for documents related to its officials’ visit in 2002 to a CIA detention site in Afghanistan, their positive assessment of the conditions, and the training they provided to the site’s administrators. Code-named COBALT and also called “the Salt Pit,” the site held people suspected of terrorism, and they were tortured there, according to the U.S. Senate Intelligence Committee’s torture report that was declassified in 2014.

In November 2015, the ACLU filed a Freedom of Information Act lawsuit demanding the Departments of Defense, Justice, and State, and the CIA release 69 records or categories of records either referenced in the Senate Select Committee on Intelligence’s report on the CIA’s torture program or whose classification status was implicated by the report’s release. While the full 6,900-page SSCI report remains classified, the summary of the report’s findings, which was declassified and released in December 2014, describes horrific human rights abuses committed by the CIA through its post-9/11 program of rendition, detention, and torture.