ABSTRACT
The Glomar response to Freedom of Information Act requests – “we can neither confirm nor deny the existence or nonexistence of records responsive to your request” – was the product of extraordinary circumstances, to be applied sparingly by the federal government in withholding national security information. Since 2013, instances of state and local use of the Glomar response have signaled a potentially problematic expansion. Establishment of non-federal agency use of the Glomar response poses the threat of an exponential increase in the practice, making oversight difficult. This article considers the recent use of the Glomar response in four cases in which state or local agencies utilized the reply to withhold law enforcement records. The origin and case law of the Glomar response, methods for compelling disclosure after a Glomar response are considered, before a discussion of potential threats of expansion and productive paths forward.
