The Department of War recently denied a Freedom of Information Act (FOIA) request filed by The Black Vault that sought emails mentioning “Immaculate Constellation” involving Maj. Gen. Derek J. O’Malley. The agency refused to conduct even a basic search, citing that the Special Access Program by that name does not exist and therefore would yield no responsive records. This stance is unusual, as FOIA obligations generally require agencies to search for records based on the request's language, regardless of the alleged program’s factual validity.
This refusal contrasts with responses from other agencies, such as the NSA, which issued a Glomar response neither confirming nor denying related records, acknowledging FOIA procedures. The Office of the Director of National Intelligence (ODNI) released an unclassified document addressing the allegations, demonstrating government awareness and internal discussion of the topic. The key issue is not the program’s existence but whether agencies can decline searches solely due to disbelief in the subject matter. FOIA mandates searches for responsive records, including discussions of unproven or false claims, to ensure transparency and accountability. The Black Vault plans to appeal the denial, highlighting ongoing tensions between secrecy and public access in government record requests.
Source: The Black Vault
