FAS | Government Secrecy |||

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

___________________________________
STEVEN AFTERGOOD                   )
on behalf of the                   )
FEDERATION OF AMERICAN SCIENTISTS  )
307 Massachusetts Avenue, NE       )
Washington, DC 20002               )
                                   )
     Plaintiff,     		   )
                                   )
v.                                 )                   Case No. 1:98CV02107 (TFH)
                                   )
CENTRAL INTELLIGENCE AGENCY        )
Washington, DC 20505               )
                                   )
     Defendant.                    )
___________________________________)

DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

Pursuant to Rule 56 of the Federal Rules of Civil Procedure, defendant, the United States Central Intelligence Agency, respectfully moves for summary judgment in this action on the grounds that the information requested by plaintiff under the Freedom of Information Act is exempt from disclosure under 5 U.S.C. sect. 552 (b)(1) and (b)(3). Support for this motion is found in the accompanying memorandum, the declaration of Director of Central Intelligence George J. Tenet, and a classified declaration of Director of Central Intelligence George J. Tenet filed with the Court ex parte for its in camera review.

Respectfully submitted,

DAVID W. OGDEN
Acting Assistant Attorney General

WILMA A. LEWIS
United States Attorney

ANNE L. WEISMANN
ANDREA G. COHEN, Bar #458664
Attorneys, Department of Justice
Civil Division - Room 914
901 E Street, N.W.
Washington, DC 20530
Telephone: (202)616-5197

Attorneys for Defendant

OF COUNSEL:

JOHN L. McPHERSON
Office of General Counsel
Central Intelligence Agency
Washington, DC 20505
(703)874-3122

Dated: April 6, 1999

CERTIFICATE OF SERVICE

I certify that on April 6, 1999, I caused a copy of the foregoing motion, memorandum of points and authorities, and statement of material facts to be sent by first-class United States mail, postage pre-paid, to the following:

Attorney for Plaintiff:

Kate Martin
Center for National Security Studies
2130 H Street, N.W.
Suite 701
Washington, DC 20037