Why can’t we get UFO records from the government? Ask the lawyer

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Q: We made a Freedom of Information Act request for records about UFOs. We received some, but were turned down on others. Are they hiding something? There’s nothing we can do?
-S.M., Torrance
A: The Freedom of Information Act has certain exclusions. The U.S. Navy, for example, recently indicated that national security could be “gravely damaged” if certain information about UFOs was shared. Those records are probably labeled “Top Secret.” The response you received should set forth that you can appeal, and may provide the manner by which you can do so. In an appeal, you should enumerate the reason(s) why you feel withholding the records is unwarranted, and provide any pertinent back-up to support your position. The appeal should clearly be marked as an appeal letter, and sent to the designated appeal official at the agency. As to whether filing a lawsuit would thereafter make sense (if your appeal is denied), consultation with qualified counsel is advisable.
Q: What does it mean that certain government information is “classified”? I ask because there is paperwork that I have been trying to get, but the government utilizes that description to keep turning down my requests.
-D.H., Hawthorne
A: There are three levels of classified information: confidential, secret and top secret. Otherwise, the information is unclassified. Declassified means at one time it was classified, but that description has since been removed (this occurs sometimes simply over the passage of time). Each classification of the three listed herein turns on the degree to which disclosure would damage national security; however, if you have clearance to review sensitive information, and a legitimate need to do so, then it may be made available to you.
Q: How do I make a Freedom of Information Act request?
-M.C., Irvine
A: In your web browser, type: “How do I make an FOIA request”.  Specifically, if the information you seek is not publicly available, you can submit a FOIA request to the agency’s FOIA Office. The request  must be in writing, and reasonably describe the records you seek. Most federal agencies now accept FOIA requests electronically, including by web form, email or fax.

Ron Sokol 

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