epa mink argued november decided january respondent members congress brought suit freedom information act compel disclosure nine documents various officials prepared president concerning scheduled underground nuclear test three classified top secret secret petitioners represented documents used executive branch decisionmaking processes district granted petitioners motion summary judgment grounds documents exempt compelled disclosure hereafter exemption excluding matters specifically required executive order kept secret interest national defense foreign policy hereafter exemption excluding memorandums letters available law party litigation agency appeals reversed concluding exemption permits nondisclosure secret portions classified documents requires disclosure nonsecret components separable exemption shields governmental decisional processes factual information unless inextricably intertwined processes district ordered examine documents camera determine aspects separability held exemption permit compelled disclosure six classified documents camera inspection sift components petitioners met burden demonstrating documents entitled protection exemption pp exemption require otherwise confidential documents made available district camera inspection regardless little purely factual material contain implying inspection automatic appeals order overly rigid petitioners afforded opportunity demonstrating means short camera inspection documents sought clearly beyond range material available private party litigation government agency pp white delivered opinion burger stewart blackmun powell joined stewart filed concurring opinion post brennan filed opinion concurring part dissenting part marshall joined post douglas filed dissenting opinion post rehnquist took part consideration decision case assistant attorney general cramton argued cause petitioners briefs solicitor general griswold acting assistant attorney general wood harry sachse walter fleischer william kanter ramsey clark argued cause filed brief respondents briefs amici curiae urging affirmance filed norman dorsen melvin wulf sanford jay rosen american civil liberties union marvin karpatkin michael pollet consumers union justice white delivered opinion freedom information act provides government agencies shall make available public broad spectrum information exempts mandate certain specified categories information including matters specifically required executive order kept secret interest national defense foreign policy memorandums letters available law party agency litigation agency construction scope exemptions issue respondents lawsuit began article appeared washington newspaper late july article indicated president received conflicting recommendations advisability underground nuclear test scheduled coming fall particular noted latest recommendations product departmental committee named investigate controversy two days later congresswoman patsy mink respondent sent telegram president urgently requesting immediate release recommendations report committee request denied action freedom information act commenced congresswoman mink colleagues house petitioners immediately moved summary judgment ground materials sought specifically exempted disclosure subsections act support motion petitioners filed affidavit john irwin ii secretary state briefly affidavit irwin appointed president nixon chairman secretaries committee part national security council system organized president use instrument obtaining advice important questions relating national security committee directed president review annual underground nuclear test program encompass within review requests authorization specific scheduled tests results committee reviews transmitted president time allow give full consideration scheduled events affidavit irwin stated pursuant foregoing directions president secretaries committee prepared transmitted president report proposed underground nuclear test known cannikin scheduled take place amchitka island alaska report said consisted covering memorandum irwin report secretaries committee five documents attached report three additional letters separately sent irwin total documents one environmental impact statement prepared aec publicly available dispute nine claimed irwin affidavit prepared used solely transmittal president advice recommendations set forth views opinions individuals agencies preparing documents president might fully apprised varying viewpoints used purpose strength showing petitioners district granted summary judgment favor ground nine documents sought exempted compelled disclosure act appeals reversed concluding subsection act permits withholding secret portions documents bearing separate classification executive order nonsecret components documents separable secret remainder may read separately without distortion meaning disclosed app instructed district judge examine classified documents looking toward possible separation purposes disclosure nondisclosure ibid addition appeals concluded nine contested documents fell within subsection act construed exemption shielding decisional processes reflected internal government memoranda factual information unless information inextricably intertwined processes ordered district judge examine documents camera including presumably nonsecret components six classified documents determine factual data separated disclosed without impinging policymaking decisional processes intended protected exemption granted certiorari reverse judgment appeals ii freedom information act revision public disclosure section administrative procedure act section generally recognized falling far short disclosure goals came looked upon withholding statute disclosure statute see hereinafter hereinafter section plagued vague phrases exempting disclosure function requiring secrecy public interest moreover even matters official record made available persons properly directly concerned information section provided remedy wrongful withholding information provisions freedom information act stand sharp relief act eliminates properly directly concerned test access stating repeatedly official information shall made available public public inspection subsection act creates nine exemptions compelled disclosures exemptions explicitly made exclusive plainly intended set concrete workable standards determining whether particular material may withheld must disclosed aggrieved citizens given speedy remedy district courts shall determine matter de novo burden agency sustain action noncompliance orders may punished contempt ibid without question act broadly conceived seeks permit access official information long shielded unnecessarily public view attempts create judicially enforceable public right secure information possibly unwilling official hands subsection part scheme represents congressional determination types information executive branch must option keep confidential chooses senate committee explained easy task balance opposing interests impossible one either success lies providing workable formula encompasses balances protects interests yet places emphasis fullest responsible disclosure context act attempt provide workable formula balances protects interests conflicting claims documents case must considered subsection act exempts forced disclosure matters specifically required executive order kept secret interest national defense foreign policy according irwin affidavit six documents exemption claimed duly classified top secret secret pursuant executive order cfr order promulgated authority president fed reg since time served basis classification executive branch information requires protection interests national defense believe exemption permits compelled disclosure documents six classified pursuant executive order exemption permit camera inspection documents sift nonsecret components obviously test alternative available congress chose follow executive determination matters choice must honored language exemption chosen care according senate committee change standard public interest made delimit narrowly exception give precise definition phrase public interest section administrative procedure act subject conflicting interpretations often colored personal prejudices predilections admits clear delineations house committee similarly pointed exemption limits present vague phrase public interest gives area necessary secrecy precise definition manifestly exemption intended dispel uncertainty respect public access material affecting national defense foreign policy rather vague standard test simply whether president determined executive order particular documents kept secret language act sufficiently clear respect legislative history disposes possible argument congress intended freedom information act subject executive security classifications judicial review insistence anyone might seek question thus house report stated respect subsection citizens government agree restrictions categories information president determined must kept secret protect national defense advance foreign policy matters classified pursuant executive order pp similarly representative moss chairman house subcommittee considered bill stated exemption intended specifically recognize executive order drafted conformity executive order hearings federal public records law subcommittee house committee government operations hereinafter house hearings member committee representative gallagher stated legislation committee report make crystal clear bill way affects categories information president determined must classified protect national defense advance foreign policy areas information generally classified executive order cong rec sources make untenable argument classification material executive order somehow insufficient exemption purposes exemption contemplates issuance orders authority document executive may want protected disclosure act congress certainly provided executive branch adopt new procedures established procedures subject whatever limitations executive privilege may held impose upon congressional ordering cf reynolds exemption neither utmost directness act exempts matters specifically required executive order kept secret congress well aware order obviously accepted determinations pursuant order qualifying exempt status context patently unrealistic argue order nothing first exemption said thus far makes wholly untenable claim act intended subject soundness executive security classifications judicial review insistence objecting citizen also negates proposition exemption authorizes permits camera inspection contested document bearing single classification may separate secret supposedly nonsecret order disclosure latter appeals thus error irwin affidavit stated six documents exemption claimed classified top secret secret pursuant executive order involving highly sensitive matter vital national defense foreign policy fact classifications documents characterizations never disputed respondents accordingly upon showing circumstances petitioners met burden demonstrating documents entitled protection exemption duty district therefore end disclosure three documents conceded unclassified resisted solely basis subsection act hereafter exemption exemption also invoked alternatively support withholding six documents exemption claimed beyond question irwin affidavit standing alone sufficient establish documents involved litigation memoranda letters used decisionmaking processes executive branch terms however exemption creates exemption documents insofar available law party litigation agency language clearly contemplates public entitled memoranda letters private party discover litigation agency drawing line may withheld must disclosed without difficulties many important respects rules governing discovery litigation remained uncertain beginnings republic moreover best discovery rules applied exemption way rough analogies example know whether government treated though prosecutor civil plaintiff defendant act terms permit inquiry particularized needs individual seeking information although inquiry ordinarily made private litigant still legislative history exemption demonstrates congress intended incorporate generally recognized rule confidential advisory opinions privileged inspection kaiser aluminum chemical cl supp reed justice reed stated public policy involved claim privilege advisory opinion policy open frank discussion subordinate chief concerning administrative action pointed comments many agencies impossible frank discussion legal policy matters writing writings subjected public scrutiny argued merit efficiency government greatly hampered respect legal policy matters government agencies prematurely forced operate fishbowl committee convinced merits general proposition attempted delimit exception narrowly consistent efficient government operation nothing legislative history exemption contrary construction bill ultimately became freedom information act introduced congress contained exemption excluded memorandums letters dealing solely matters law policy petitioners argue although camera inspection disclosure routine factual reports may contemplated exemption type document involved case rather argued documents submitted directly president government officials involve matters major significance contain nature blending factual presentations policy recommendations necessarily inextricably intertwined policymaking processes app reasons petitioners object disclosure portions documents camera inspection district extent argument answered appeals remand expressly directed district judge disclose factual material intertwined policymaking processes may safely disclosed without impinging policymaking decisional processes intended protected exemption reason believe petitioners characterization documents accurate district judge go beyond limits remand way compromise confidentiality deliberative information entitled protection exemption believe however remand ordered appeals unnecessarily rigid freedom information act may invoked member public without showing need compel disclosure confidential government documents unmistakable implication decision member public invoking act may require otherwise confidential documents brought forward placed district camera inspection matter little purely factual material may actually contained therein exemption mandates result said kaiser aluminum chemical ct seems obvious purpose privilege encouragement open expression opinion governmental policy somewhat impaired requirement submit evidence even camera plainly situations camera inspection necessary appropriate need automatic agency given opportunity means detailed affidavits oral testimony establish satisfaction district documents sought fall clearly beyond range material available private party litigation agency burden course agency resisting disclosure fails meet burden without camera inspection district may order inspection agency may demonstrate surrounding circumstances particular documents purely advisory contain separable factual information representative document sought may selected camera inspection course agency may disclose factual portions contested documents attempt show circumstances excised portions constitute barebones protected matter short camera inspection documents necessary inevitable tool every case others available cf reynolds present case petitioners proceeded theory nine documents exempt disclosure entirety exemption virtue use decisionmaking process remand petitioners entitled attempt demonstrate propriety withholding documents portions thereof means short submitting camera inspection judgment reversed case remanded proceedings consistent opinion ordered justice rehnquist took part consideration decision case footnotes noted district respondents stated exhausted administrative remedies complied applicable regulations petitioners contest assertions petitioners also moved dismissal suit insofar respondents sought disclosure documents official capacities members congress district granted motion appeals reach issue accordingly issue according irwin affidavit report contained following documents covering memorandum irwin president dated july memorandum classified top secret pursuant executive order report secretaries committee report also classified top secret attached report additional documents letter classified secret chairman atomic energy commission aec irwin report classified top secret defense program review committee henry kissinger chairman environmental impact statement proposed cannikin test prepared aec pursuant national environmental policy act stat document always publicly available copy attached irwin affidavit transcript oral briefing given aec committee document classified secret memorandum council environmental quality irwin memorandum separately unclassified addition covering memorandum committee report attached documents three letters transmitted irwin letter william ruckelshaus environmental protection agency letter classified top secret declassified letter russell train council environmental quality although irwin affidavit letter classified top secret petitioners concede classified attached undersecretary report brief petitioners letter edward david office science technology letter classified top secret eight documents also described classified restricted data pursuant atomic energy act amended petitioners asserted provisions standing alone justify withholding documents case see relating matters specifically exempted disclosure statute act passed stat codified present form stat report ibid purpose present bill establish general philosophy full agency disclosure unless information exempted clearly delineated statutory language time broad philosophy freedom information enacted law necessary protect certain equally important rights privacy respect certain information government files medical personnel records also necessary operation government allow keep confidential certain material investigatory files federal bureau investigation easy task balance opposing interests impossible one either necessary conclude protect one interests must necessity either abrogated substantially subordinated success lies providing workable formula encompasses balances protects interests yet places emphasis fullest responsible disclosure executive order superseded june executive order fed reg similarly provides classification material interest national defense foreign relations portions two documents exemption claimed ordered disclosed connection action brought enjoin test see supra petitioners seek relief respect matters already disclosed house report true indicates president must determine exempted matter kept secret clearly however executive order based presidential authority specifically delegates authority departments agencies units executive branch hereinafter specified cfr emphasis added one may disagree scope delegation delegated authority exercised particular cases authority nevertheless remains president judgment first exemption designed respect brief respondents respondents note preamble new executive order see supra specifies material classified pursuant provisions expressly exempted public disclosure section title code executive order comparable recital sheerest ritualism distinguish effect two orders basis indeed respondents apparent acceptance new order justifiable ground resisting disclosure exemption points absurdity maintaining executive order irrelevant act conclusion undermined new executive order calls separation documents classified unclassified portions practicable fed reg contrary new order provides separating done executive judiciary like predecessor permits declassification material accordance procedures importantly existence new order demonstrates executive exercises continuing responsibility determining need secrecy matters affect national defense foreign policy exemption recognizes responsibility leaving executive orders shall developed decision may disclosed must kept secret title reads part follows agency shall make available public information follows section apply matters memorandums letters available law party agency litigation agency see generally moore federal practice authorities collected hereinafter moore wigmore evidence mcnaughton rev hereinafter wigmore early disputes issue executive privilege see chief justice marshall decisions trial burr cas cas ccd discussed wigmore pp ed moore see also wigmore different rules held apply situation see andolschek hand prosecutor bank line supp sdny defendant moreover actions freedom information act courts given option impose alternative sanctions short compelled disclosure striking particular defense dismissing government action see machin zuckert app cert denied air force aircraft accident investigation report boeing airplane coggeshall app renegotiation board documents olson rug nlrb claim nlrb documents exclusively policy recommendations carl zeiss stiftung carl zeiss jena dc aff app cert denied discovery denied documents wholly opinions recommendations deliberations mcfadden avco supp md cases cited therein cotton valley operators wd la aff equally divided offered file abstract factual information contained contested documents fbi reports see machin zuckert supra private tort action discovery air force aircraft accident investigation report boeing airplane coggeshall supra excess profits tax redetermination olson rug nlrb supra discovery use defense contempt proceedings boeing sdny private tort action air force investigation reports rosee board trade nd cotton valley operators supra civil antitrust suit cf procter gamble nj criminal antitrust prosecution see wigmore kaiser aluminum chemical cl supp camera inspection document refused plaintiff failure make definite showing necessity objective facts contained disputed document otherwise available see soucie david app grumman aircraft eng renegotiation app ftc app international paper fpc cert denied general services admin benson supp wd long island supp edny consumers union veterans supp sdny appeal dismissed moot olsen camp supp ed reliable transfer edny proposed federal rules evidence appear recognize construction exemption proposed rule defines official information include intragovernmental opinions recommendations submitted consideration performance decisional policymaking functions rule provides case privilege claimed official information may require examination camera information hearings subcommittee administrative practice procedure senate committee judiciary hereinafter senate hearings exemption broadened course senate congress exemption originally applied internal memoranda relating consideration disposition adjudicatory rulemaking matters section sess introduced cong rec early formulation came attack sufficiently protecting material dealing general policy matters directly related adjudication rulemaking see hearings subcommittee administrative practice procedure senate committee judiciary see senate hearings see house hearings examples many statements federal aviation administration senate hearings records entirely devoid factual data thus leaving papers law policy relatively unprotected staff working papers reports prepared use within agency executive branch protected proposed exemptions provision internal memorandums dealing mixed questions fact law policy well become public information emphasis original tr oral arg justice stewart concurring case presents constitutional claims issues regarding nature scope executive privilege involves effort invoke judicial power require documents reclassified mandate new executive order case us involves meaning two exemptive provisions freedom information act brother douglas says makes shambles announced purpose act congress ordained unquestioning deference executive use secret stamp opinion demonstrates language exemption confirmed legislative history plainly withholds disclosure matters specifically required executive order kept secret interest national defense foreign policy short federal determined executive imposed requirement may go act one suppose nuclear test engendered fierce controversy within executive branch government precisely kind event opened fullest possible disclosure consistent legitimate interests national defense without disclosure factual information available concerned executive agencies considered people evaluated congress people representatives reduced state ignorance democratic process paralyzed opinion demonstrates congress conspicuously failed attack problem brother douglas discusses instead built freedom information act exemption provides means question executive decision stamp document secret however cynical myopic even corrupt decision might opinion brother brennan dissenting part makes admirably valiant effort deflect impact rigid exemption dissent focuses statutory requirement shall determine matter de novo matter determined de novo whether fact president required executive order documents question kept secret act written end inquiry points congress certainly provided executive branch adopt new procedures established procedures subject whatever limitations executive privilege may held impose upon congressional ordering enacting congress chose instead decree blind acceptance executive fiat similarly rigid forbids disclosure materials specifically exempted disclosure statute matter determined district de novo inquiry factual existence statute regardless unwise inadvertent enactment might justice brennan justice marshall joins concurring part dissenting part holds today freedom information act authorizes district make camera inspection documents claimed exempt public disclosure exemption act addition concludes exception rule government may least instances attempt avoid camera inspection use detailed affidavits oral testimony concur aspects opinion view however procedures also govern matters exemption claimed therefore dissent holding contrary find nothing whatever face statute legislative history distinguishes two exemptions respect suggests none rather agree brother douglas mandate shall determine matter de novo burden agency sustain action procedure congress prescribed exemptions holds exemption immunizes judicial scrutiny document classified pursuant executive order cfr reaching result however adopts construction exemption flatly inconsistent legislative history indeed unambiguous language act plain words exemption exempts disclosure material specifically required executive order kept secret interest national defense foreign policy emphasis added executive order however promulgated years passage act require specific documents classified rather executive order simply delegates right classify agency heads empowered classify information confidential secret top secret thus classification decision left sole discretion agency heads moreover exercising discretion agency heads required examine document separately determine need secrecy instead may adopt blanket classifications without regard content particular document thus order make clear matters need secrecy interest national defense foreign policy may indiscriminately classified conjunction matters genuine need secrecy physically connected documents classification file group physically connected documents shall least high highly classified document therein documents separated file group shall handled accordance individual defense classification multiple classification document product substance shall bear classification least high highest classified component document product substance shall bear one classification notwithstanding pages paragraphs sections components thereof bear different classifications sees basis withholding security grounds document although separately unclassified regarded secret merely incorporated secret file extent position respect inconsistent paragraph section executive order deem required terms purpose freedom information act enacted subsequently executive order app reasoning applies provision one dealing documents secrecy association favored components separable secret remainder may read separately without distortion meaning disclosed app indeed appeals construction consistent congressional plan enacting freedom information act word houses congress de novo proceeding requirement enacted expressly order ultimate decision propriety agency action made prevent becoming meaningless judicial sanctioning agency discretion hereinafter cited hereinafter cited granted purposely broad grant district authority whenever considers action equitable appropriate enjoin agency withholding records order production agency records improperly withheld underscore meaning congress rejected traditional rule deference administrative determinations lacing burden proof upon agency justify withholding rejection appeals construction inexplicable face overwhelming evidence congressional design reliance isolated references executive order congressional proceedings erroneous misleading points single passing reference order house report even superficial reading reveals merely suggestive kinds information executive branch might classify nothing whatever report even remotely implies order recognized immunizing public disclosure entire file documents merely one even single paragraph one stamped secret also calls support comments context congressmen moss gallagher house floor face comments confirm exemption written awareness existence executive order certainly whatever significance may attached debating points construing statute comments hardly support conclusion classification pursuant executive order without immunizes entire document disclosure exemption executive order promulgated decade freedom information act debated congress yet reference order found either language act senate report circumstances seem odd say least attribute congress intent incorporate without reference executive order exemption indeed petitioners concession physically connected documents classified order immune judicial inspection serves reinforce conclusion mere fact classification immunize identical documents judicial scrutiny rejection appeals construction exemption particularly insupportable light cogent confirmation soundness supplied executive branch direct response act order revoked replaced order expressly requires classification documents manner appeals required district attempt camera order issued march became effective june fed reg mar explicitly attributes form executive desire accommodate procedures objectives freedom information act interests citizens best served making information regarding affairs government readily available public concept informed citizenry reflected freedom information act current public information policies executive branch new order recites official information material bears directly effectiveness national defense conduct foreign relations official information material referred classified information material order expressly exempted public disclosure section freedom information act emphasis added thus executive clearly recognized exemption applies matter specifically classified interest national defense foreign policy effort comply act mandate genuinely secret matters carefully separated nonsecret components new order provides documents general classified document shall extent practicable marked indicate portions classified level portions classified order facilitate excerpting use major source unnecessary classification old executive order practical impossibility discerning portions classified document actually required classification incorporation material classified paper another document usually resulted classification new document innocuous portions neither paper released presidential documents mar emphasis added interpretation exemption complete bar judicial inspection matters claimed executive fall within wholly frustrates objective freedom information act interpretation makes nullity act requirement de novo judicial review judicial role becomes meaningless judicial sanctioning agency discretion result congress sought prevent incorporating de novo requirement executive order revoked march replaced executive order fed reg became effective june policy act requires exemptions construed narrowly soucie david app broad construction exemptions contrary express language act wellford hardin petition cert section provides section authorize withholding information limit availability records public except specifically stated section section authority withhold information congress purpose make clear beyond doubt materials government made available public publication otherwise unless explicitly allowed kept secret one exemptions emphasis added detailed study freedom information act background see note comments proposed amendments section administrative procedure act freedom information bill notre dame law see developments law national security interest civil liberties harv rev iven requirement file document generally classified highest level classification information enclosed often case classified file contain information released separately public specifically required executive order kept secret information privileged information act ensure overall classification used protect unprivileged papers reviewing inspect documents sought litigant developments law supra see schwegmann calvert distillers jackson concurring frankfurter dissenting support claim executive order automatically without judicial review activates exemption petitioners rely upon epstein resor rather epstein confirms appeals interpretation act epstein refused request review camera documents classified pursuant executive order government plaintiff request begun current review documents basis moreover response argument petitioners advance namely mere classification document precludes judicial review epstein view legislative purpose make easier private citizens secure government information seems unlikely act intended foreclose judicial review circumstances exemption rather seem subsection intended specify basis withholding judicial review de novo burden proof agency whether conditions exemption truth exist mr starting point decision usually indicates result starting point believe philosophy congress expressed freedom information act henry steele commager noted historian recently wrote generation made nation thought secrecy government one instruments old world tyranny committed principle democracy function unless people permitted know government almost everything pentagon cia shrouded secrecy american people permitted know even congress one suspects president witness unauthorized bombing north last fall winter kept darkness new york review books classified information material used order exempted public disclosure order classified document shall extent practicable marked indicate portions classified level portions classified order facilitate excerpting use goes say material containing references classified materials references reveal classified information shall classified ibid freedom information act clash executive order indeed new executive order precisely meshes act construction given appeals section act gives district jurisdiction enjoin agency withholding agency records order production agency records improperly withheld complainant section goes prescribe procedure employed district says shall determine matter de novo burden agency sustain action act executive order read together mean minimum district power direct agency question go suppressed document make classification facilitate excerpting required executive order section means also district may discretion collaborate agency make certain congressional policy disclosure effectuated appeals exceedingly responsible opinion directed district proceed follows material separately unclassified nonetheless umbrella secret file district make sure disclosed act seems clear section apply matters specifically required executive order kept secret interest national defense foreign policy unless unclassified appendage secret file falls exception seems clear must disclosed exception refuge sought subsection reads section apply memorandums letters available law party agency litigation agency exemption described house report covering internal memorandums routinely disclosed private party discovery process litigation agency clear legislative history opinions staff advice exempt factual matters ibid courts uniformly agreed construction act see soucie david app grumman aircraft eng renegotiation app long island supp consumers union veterans supp facts opinions may appeals noted inextricably intertwined policymaking processes cases event secrecy prevails yet facts opinions separated act allows full light publicity placed facts section seems seal case government says section authorize withholding information limit availability records public except specifically stated section disclosure rather secrecy rule save specific exceptions subsection government seeks escape act making government stamp top secret secret barrier performance district functions act majority makes stamp sacrosanct thereby immunizing stamped documents judicial scrutiny whether factual information contained document fact colorably related interests national defense foreign policy yet anyone ever executive branch knows convenient top secret secret stamp easy use covers perhaps decades footprints nervous bureaucrat wary executive repeat said gravel dissenting opinion revealed exposes pentagon papers lai massacres gulf tonkin incident bay pigs invasion government usually suppresses damaging news highlights favorable news filtering process secrecy stamp officials tool suppression used withhold information cases present danger national security refuse publish classified reports times relegate publisher distributing press releases government remaining silent printed press releases leaks become arm officialdom critic rather view publisher obtains classified document free print without fear retribution unless contains material directly bearing future sensitive planning government misconceive distort judicial function act appeals never dreamed trial judge declassify documents first task determine whether nonsecret material mere appendage secret top secret file second task determine whether normal discovery procedures contained fed rule civ proc factual material secret top secret materials detached secret therefore available litigants confronting agency ordinary lawsuits unless district things freedom information act way becoming shambles unless federal courts trusted executive hold complete sway ipse dixit make even time day top secret certainly decision today upset workable formula heart legislative scheme encompasses balances protects interests yet places emphasis fullest responsible disclosure executive branch carte blanche insulate information public scrutiny whether information bears discernible relation interests sought protected subsection act remember words madison popular government without popular information means acquiring prologue farce tragedy perhaps knowledge forever govern ignorance people mean governors must arm power knowledge gives appendix opinion douglas dissenting section apply matters specifically required executive order kept secret interest national defense foreign policy related solely internal personnel rules practices agency specifically exempted disclosure statute trade secrets commercial financial information obtained person privileged confidential memorandums letters available law party agency litigation agency personnel medical files similar files disclosure constitute clearly unwarranted invasion personal privacy investigatory files compiled law enforcement purposes except extent available law party agency contained related examination operating condition reports prepared behalf use agency responsible regulation supervision financial institutions geological geophysical information data including maps concerning wells section authorize withholding information limit availability records public except specifically stated section section authority withhold information congress brother stewart deference helps make shambles act reading swallowing eight exceptions exempts matters specifically required executive order kept secret interest national defense foreign policy executive order noted contemplates portions document classified secret necessarily secret order contemplates excerpting material refereeing may properly excerpted part judicial task made obvious keeps secret memorandums letters available law party agency litigation agency bureaucrat uses secret stamp obviously final say memorandums letters available law exemption gives district authority agency records alleged improperly withheld determine matter de novo burden agency sustain action hence behind executive agency seeks refuge establishes policy served distinction long established federal discovery question whether private party routinely entitled disclosure discovery material sought excerpted answers inquiry made makes shambles disclosure mechanism congress tried create make obvious interplay nine exemptions listed well attached appendix dissent letter barry writings james madison hunt ed