Glomar and Civil Rights

What Is Glomar?

The Glomar response is a judicially created doctrine that allows federal agencies such as the Central Intelligence agency (CIA), the Federal Bureau of Investigation (FBI), and the National Security Agency (NSA) to claim they can “neither confirm nor deny” the existence of records in response to a federal freedom of information request. This withholding mechanism has been recognized by every federal circuit court to consider it – but is not a part of the Freedom of Information Act (“FOIA”). Glomar was first recognized in two parallel FOIA cases in the D.C. Circuit, Phillippi v. CIA, (Phillippi I), 546 F.2d 1009, (D.C. Cir. 1976), and Military Audit Project v. Casey, 656 F.2d 724 (D.C. Cir. 1981), both involving requests for information about a secret CIA program to raise a sunken Soviet submarine using a privately registered salvage ship named the Hughes Glomar Explorer.

Latest Glomar Posts

Glomar Briefs

• Omar T. Mohammedi, Managing Partner at OTMLAW and Associate Liz Kimundi, appear before the New State Court of Appeal for Oral Arguments on Abdur-Rashid and Samir Hashmi v. NYPDMarch 5, 2018
  On February 6, 2018 the New York State Court of Appeals, heard oral arguments in a first impression case, where the NYPD has the federal… Read more: Omar T. Mohammedi, Managing Partner at OTMLAW and Associate Liz Kimundi, appear before the New State Court of Appeal for Oral Arguments on Abdur-Rashid and Samir Hashmi v. NYPD
• Letter in Support of OTMLAW’s Request to DeBlasio on GlomarJuly 27, 2017
  A Coalition of Civic and Religious Organizations Support OTMLAW’s request to DeBlasio that the Deputy Commissioner retract his statement in the media against Abdur-Rashid and Hashmi to justify… Read more: Letter in Support of OTMLAW’s Request to DeBlasio on Glomar
• OTMLAW Letter To Mayor DeBalsio On GlomarJune 21, 2017
  OTMLAW has requested from Mayor DeBlasio his Deputy Commission to retract inflammatory statement against its clients to justify the NYPD use of Glomar Read more… Read more: OTMLAW Letter To Mayor DeBalsio On Glomar
• OTMLAW files a Reply Briefs on behalf of Abdur-Rashid and Samir Hashmi Before The Court of AppealsJune 9, 2017
  Law Firm of Omar T. Mohammedi, LLC, (“OTMLAW”) has filed its reply brief on behalf of Talib W. Abdur-Rashid and Samir Hashmi against the New York… Read more: OTMLAW files a Reply Briefs on behalf of Abdur-Rashid and Samir Hashmi Before The Court of Appeals
• OTMLAW files the Appeal on behalf of Abdur-Rashid and Samir Hashmi before the Court of Appeals challenging the NYPD Surveillance and its Glomar Response to FOILApril 28, 2017
  This matter arises originally from a decision by the Respondents– Respondents, the New York Police Department (hereinafter referred to as “NYPD”) to deny two separate… Read more: OTMLAW files the Appeal on behalf of Abdur-Rashid and Samir Hashmi before the Court of Appeals challenging the NYPD Surveillance and its Glomar Response to FOIL
• Main Stream Media file an Amicus Brief against the NYPD to support OTMLAW Appeal against the NYPD Illegal Surveillance and FOIL caseApril 28, 2017
  Law Firm of Omar T. Mohammedi, LLC, (“OTMLAW”) is pleased to announce that an [Amici Curiae brief) (friend of the court brief) of 31 media… Read more: Main Stream Media file an Amicus Brief against the NYPD to support OTMLAW Appeal against the NYPD Illegal Surveillance and FOIL case

Glomar Court Orders

• Court of Appeals Granted Leave Of Court To File an Appeal on behalf of Abdur-Rashid and Samir HashmiJuly 27, 2017
• Talib W. Abdur-Rashid v. NYPD (FOIL) The Appellate Division DecisionJune 2, 2016
• Samir Hashmi v. NYPD, Index No. 101560/2013September 26, 2015
• Decision and Judgment by Judge Hunter Denying Petitioner’s Article 78September 22, 2014

The Media on FOIL and Glomar

• Omar T. Mohammedi, Managing Partner at OTMLAW and Associate Liz Kimundi, appear before the New State Court of Appeal for Oral Arguments on Abdur-Rashid and Samir Hashmi v. NYPD
• The Divide: How the NYPD keeps its surveillance secret
• New Jersey man’s suit over Muslim surveillance advances to highest court in NY
• Court considers Cold War secrecy over Muslim surveillance – The Washington Post
• Court considers Cold War secrecy over Muslim surveillance-WRAL
• New York court considers granting NYPD Cold War Secrecy
• Top NY Court Grapples With Records Demand Mired in Spy Secrecy
• Court considers Cold War secrecy over Muslim surveillance
• The NYPD Will Neither Confirm, Nor Deny, the Stories Behind This Story
• Omar T. Mohammedi Speaking To The Press On Glomar
• Muslim New Yorkers Now Have Someone Watching the Cops Who Watch Them
• NYPD Use of Noncommittal ‘Glomar’ Answer Questioned as Transparency Dodge
• NYPD cites Cold War-era spy precedent in rejecting information request
• The NYPD is again using the Glomar theory in the FOIL request similarly to our case Abdure Rashid Vs NYPD . Only this time, the NYPD is using it against BLM for their political activities
• NYPD surveillance of Muslims (FOIL Updates) 2017
• Cases Seeking Disclosure About NYPD Muslim Surveillance Will Be Heard by Appeals Court
• Judge rejects Paramus man’s claim to police records linked to surveillance of N.J. Muslims
• Appellate court sides with NYPD on Muslim surveillance documents
• New York State Court Denies Glomar Application on FOIL Case
• Hashmi and Abdur-Rashid Case FOIL Profiled in The Village Voice
• The NYPD Can Keep Pretending It Isn’t Spying On Muslims, Court Rules
• Paramus man sues NYPD over Muslim surveillance records
• Muslim Groups Petition For NYPD Records
• OTMLAW to Defend Samir Hashmi and Abdur-Rashid in Lawsuits Against NYPD
• Muslims seek files from NYPD’s surveillance of them and their groups