FOIA Lawsuit
Knight Institute and Committee to Protect Journalists v. CIA
A FOIA lawsuit for records concerning the U.S. government's "duty to warn" journalist Jamal Khashoggi
In late 2018, the Knight Institute and the Committee to Protect Journalists (CPJ) filed FOIA requests for records showing whether U.S. intelligence agencies fulfilled their “duty to warn” reporter Jamal Khashoggi of threats to his life and liberty.
Khashoggi—a U.S. resident, Washington Post journalist, and prominent critic of Saudi Arabia—was killed in the Saudi embassy in Istanbul on October 2, 2018. News reports indicated that, before Khashoggi’s killing, U.S. intelligence agencies intercepted communications of Saudi officials discussing plans to capture him. Intelligence Community Directive 191 provides that when a U.S. intelligence agency learns of an impending threat to an individual’s life or liberty, the agency must “warn the intended victim.”
After the intelligence agencies failed to release documents in response to the organizations’ FOIA requests, the Knight Institute and CPJ filed this lawsuit.
Agencies Involved: Central Intelligence Agency; Department of State; Department of Justice (Federal Bureau of Investigation); National Security Agency; Office of the Director of National Intelligence
Status: On August 27, 2021, the D.C. Circuit affirmed the lower court's decision that the Glomar exceptions were valid under Exemption 1.
Case Information: Knight First Amendment Inst. at Columbia Univ. v. CIA, No. 1:18-cv-02709-TNM (D.D.C.), 20-5045 (D.C. Cir.).
Featured
Analysis
Intelligence, Ethics and Bureaucracy: The Duty to Warn Jamal Khashoggi
Documents released through FOIA litigation raise new questions about how intelligence agencies handled intercepted threats
Press Statements
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Knight Institute Calls on Biden Administration to Sanction Saudi Crown Prince for Murder of Journalist
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Knight Institute Responds to UN Special Rapporteur’s Report on the Murder of Journalist Jamal Khashoggi
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Committee to Protect Journalists Joins Lawsuit Seeking Release of Khashoggi Documents
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Knight Institute Sues to Learn If U.S. Complied With “Duty to Warn” journalist Jamal Khashoggi
Analysis
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How America Can Deliver Justice for Jamal Khashoggi
By Jameel Jaffer & Joel Simon -
Intelligence, Ethics and Bureaucracy: The Duty to Warn Jamal Khashoggi
By Larry Siems -
NSA and CIA Refuse to Confirm or Deny Whether They Followed Duty-to-Warn Procedures before Murder of Khashoggi
By Ramya Krishnan -
Intel Chief Won’t Confirm or Deny Whether U.S. Agencies Considered Warning Khashoggi
By Ramya Krishnan
Reading Room
The Intelligence Agencies' "Duty to Warn"
Documents released in our FOIA lawsuit for records on the U.S. government's "duty to warn" Jamal Khashoggi
Legal Filings
Click to highlight response chains
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KEY DOCUMENTS
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D.C. Cir.
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Opinion
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Government's Response
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CPJ's 28(j) Letter
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CPJ's Response
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Government's Response
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Amicus Briefs in support of Plaintiff–Apellant
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Human Rights Watch, Other NGOs, and International Human Rights Experts
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Reporters Committee for Freedom of the Press and 32 Media Organizations
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CPJ's Opening Brief
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Joint Appendix
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D.D.C.
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Opinion (granting defendants' motion for summary judgment)
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CPJ's Reply
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Government's Reply
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Statement of Facts
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Exhibit 3
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Exhibit 4
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Exhibit 2
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Exhibit 5
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Exhibit 6
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Exhibit 8
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Exhibit 9
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Exhibit 7
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CPJ's Motion for Summary Judgment
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Government's Motion for Summary Judgment
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Declaration of Patricia Gaviria
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Declaration of Linda Kiyosaki
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Declaration of Antoinetter Shiner
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Declaration of David Hardy
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Email from CPJ to Government
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Statement of Material Facts
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Knight Institute’s Stipulation of Dismissal
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Joint Status Report and Proposed Briefing Schedule
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Minute Order
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Joint Status Report and Proposed Schedule for Further Proceedings
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Government's Answer
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Amended Complaint
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FOIA Request
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Redline Comparison Copy of Amended Complaint
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Complaint
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FOIA Request
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