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Vaughn Declaration of David J. Barron re: OLC Remand Documents, ACLU v. DOD, No. 1:04-CV-4151 (S.D.N.Y. September 21, 2009)

Sept. 21, 2009 | OLC | ACLU-RDI 4993

A Vaughn Declaration from David Barron, OLC, relating to 171 OLC documents responsive to the ACLU's FOIA requests of October 7, 2003 and May 25, 2004.  The government originally withheld 181 OLC documents in full, and Judge Hellerstein upheld those withholdings.  The ACLU appealed.  On April 16, 2009, while the appeal was pending, the government released 4 OLC interrogation memos to the ACLU in connection with the same FOIA requests.  The government then sought remand to reprocess the original 181 OLC documents in light of the release of the 4 memos.  Barron's declaration states that the OLC only found 171 of the original 181 OLC documents.  The OLC reprocessed those documents and released approximately 43 of them on August 24, 2009.  Barron's declaration (and Wendy Hilton's related declaration, at ACLU-RDI 4994) explains the redaction and withholding decisions of the 171 OLC documents.

Barron's declaration also explains that, in attempting to reconstruct the original list of 181 OLC documents, the OLC discovered 224 additional documents responsive to the ACLU's FOIA requests (some of which "may well be duplicates of documents already processed"). Those documents were later described in subsequent Vaughn declarations and indices.