In a recent FOIA release profiled on The Black Vault, researcher Grant Lavac discovered an email referencing the UAP Caucus Working Group. Within this email, a long list of redactions hid every recipient of the message, except one: Brian D. Fishpaugh. This revelation prompted a targeted FOIA request by The Black Vault aimed at uncovering any potential communication related to Unidentified Aerial Phenomena (UAP) within Fishpaugh’s email records.
Fishpaugh, who serves as the Deputy National Intelligence Manager for Aviation (NIM-A) within the ODNI, became the focal point of FOIA case DF-2024-00285. The request, filed on June 18, 2024, by The Black Vault, sought emails from Fishpaugh’s inbox that contained various UAP and UFO related keywords, along with those mentioning named individuals (which included alleged “UFO whistleblowers”) connected to the topic.
The objective was to uncover any communication that could shed light on the collaboration and research efforts within the Five Eyes alliance regarding UAPs, or the UAP issue as a whole.
To provide some additional background on Fishpaugh’s role at ODNI, he was asked to do a presentation at the Counter UAS Technology USA conference in early December 2023. As the Deputy National Intelligence Manager for Aviation, he focused on “Ensuring decision advantage and promulgating strategic guidance to secure the air domain” during his talk. His presentation covered a strategic outlook on pacing threats in the short-to-mid-term, the current posture of US government solutions to counter-unmanned aircraft systems (C-UAS), and future efforts to further C-UAS strategies.
However, the FOIA response from the ODNI, dated July 18, 2024, produced an unexpected result just one month after it was filed. Instead of a standard release of email records (which are sometimes redacted), or a straightforward full denial due to national security reasons; the ODNI issued what is known as a “GLOMAR” response. The term “GLOMAR” originates from the Glomar Explorer, a CIA vessel involved in a covert operation in the 1970s. A GLOMAR response essentially means that the agency “can neither confirm nor deny the existence” of the requested records. This type of response is rare and typically reserved for highly sensitive matters.
The letter from the ODNI stated:
“This letter responds to your Freedom of Information Act (FOIA) requests received on June 18, 2024, by the Office of the Director of National Intelligence (ODNI), relating to Brian Fishpaugh. This request was processed under the FOIA, 5 U.S.C. § 552, as amended. ODNI neither confirms nor denies the existence or nonexistence of the requested records. The fact of the existence or nonexistence of requested records is protected from disclosure pursuant to Section 102A of the National Security Act of 1947, as amended, 50 U.S.C. § 3024(m). Therefore, this request is denied pursuant to FOIA exemption (b)(3).”
FOIA exemption (b)(3) permits the withholding of information that is specifically exempted from disclosure by statute. In this case, the National Security Act of 1947 was cited, indicating that the requested records, if they exist, are considered highly sensitive and integral to national security.
Numerous agencies, including numerous military branches within the Department of Defense (DoD) along with the Department of Homeland Security (DHS) and others, all have processed similar FOIA requests related to UAPs without resorting to GLOMAR responses. These agencies have searched email boxes for the exact same keywords without invoking a GLOMAR, but in some cases, have denied records in full for national security reasons. In other cases, partially redacted or completed unredacted records are released. Either way, agencies generally will process the request, and not issue a GLOMAR response.
What information related to UAPs could be so sensitive that it warrants such a response from ODNI? Why was Fishpaugh’s name the only unredacted in the past FOIA release, indicating his connection to UAP is openly acknowledged by the U.S. government, yet responsive material can neither be confirmed nor denied that it exists? The refusal to even acknowledge the existence of these records suggests that there may be significant developments or classified activities related to UAP research and collaboration within the Five Eyes alliance or the ODNI.
The request will be appealed by The Black Vault. When those results are available, they will be posted in a future article.
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