Unclassified // For public releaseRELEASE 001 — OXCART — In developmentDoc. BSB/PUB/26-01
BLACKSITE BOYS
Document 001*BSB-1975-004*

The Glomar Response

Designation
A standard reply, later a legal doctrine
Location
Langley
Virginia
Period
1975–present
Status
In continuous use
Declassified White House memorandum of conversation, 'Matador Meeting' — Ford, Schlesinger and Colby debate whether to confirm the Glomar mission
PL. 01 Memorandum of conversation, “Matador Meeting,” the White House, 19 March 1975The White House / Gerald R. Ford Presidential Library

Summary

The most durable thing Project AZORIAN recovered was not lifted from the seafloor. It was a sentence.

Subject:
Records about a ship.
Response:
Neither confirmed nor denied.
Precedent:
Phillippi v. CIA, 1976.
Status:
In continuous use.

After the press reported in 1975 that the Hughes Glomar Explorer had been built to raise a Soviet submarine, a journalist, Harriet Ann Phillippi, filed a Freedom of Information Act request for records about the ship and the agency’s efforts to keep the story out of print.

The agency had a problem. Releasing the records would confirm the operation. Withholding them as classified would also confirm the operation. It needed a third option.

“We can neither confirm nor deny the existence of the information requested but, hypothetically, if such data were to exist, the subject matter would be classified, and could not be disclosed.”
— The agency’s reply, as widely quoted
Dwg. BSB-75-004-A
Re: Your request under the Freedom of Information Act1975

Dear :

We can neither confirm nor deny the existence of the information requested but, hypothetically, if such data were to exist, the subject matter would be classified, and could not be disclosed.

Sincerely,
FIG. 01The reply as commonly quoted, typeset. Not a facsimile of the original.Scale Typeset

Phillippi sued. On 16 November 1976 the U.S. Court of Appeals for the D.C. Circuit, in Phillippi v. CIA, accepted that an agency may in some circumstances decline to say whether records exist at all, provided it explains why in as much detail as it can. The reply became known as a Glomar response. The verb is to glomarize.

546 F.2d 1009Phillippi v. CIA (D.C. Cir. 1976).

It has since been used across the federal government, in response to requests about surveillance programs, drone strikes and individual people. On 6 June 2014 the CIA opened an account on Twitter. Its first message read: “We can neither confirm nor deny that this is our first tweet.”

[A]

Chronology

04 entries
  1. Press reports link the Glomar Explorer to the CIA.
  2. Phillippi files FOIA request. Agency neither confirms nor denies.
  3. Phillippi v. CIA decided, D.C. Circuit.
  4. CIA’s first tweet.
[C]

Documents in this file

02 items
DOC 01

Phillippi v. Central Intelligence Agency

Origin
U.S. Court of Appeals for the District of Columbia Circuit
Date
16 Nov 1976
Ref.
546 F.2d 1009

Scan pending. Reference retained for the record.

Declassified White House memorandum of conversation, 'Matador Meeting' — Ford, Schlesinger and Colby debate whether to confirm the Glomar mission
DOC 02

Memorandum: meeting on MATADOR

Declassified White House memorandum of conversation, 'Matador Meeting' — Ford, Schlesinger and Colby debate whether to confirm the Glomar mission

Origin
The White House
Date
1975
[D]

Sources

Public record
  1. Phillippi v. CIA, 546 F.2d 1009 (D.C. Cir. 1976)
  2. National Security Archive, Electronic Briefing Book No. 305 (2010)