Certain images of Mohammed al-Qahtani, the reputed 20th hijacker on Sept. 11, 2001, during his confinement at Guantanamo Bay, could have a damaging effect on American interests and are not subject to release under the Freedom of Information Act, a federal appeals panel decided Tuesday.
The unanimous panel for the U.S. Court of Appeals for the Second Circuit ruled that the federal government sufficiently made its case that the videos and photographs of al-Qahtani should be kept secret under Exemption 1 to FOIA, which provides for the withholding of materials in the interest of “national defense or foreign policy.”
