At the same time that 36 organizations are attempting to use political and bureaucratic pressure to force the rollback of damaging MDR regulations at the CIA, Kel McClanahan of the National Security Counselors has filed a lawsuit against the Agency in the United States District Court of the District of Columbia.
It is important to note that the National Security Counselors case is broader than just the MDR fee issue. It attacks the CIA’s willful and intentional violation of federal law in regard to MDR and the Freedom of Information Act. Below is a brief summary of the complaint’s key points.
1) In addition to bypassing the required notice and comment process when they published their new MDR fee rules, the CIA also failed to follow the Independent Offices Appropriation Act (IOAA). According to the Supreme Court interpretation of the IOAA, agencies “may not collect fees from individual parties for services which benefit the public…
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