KISSINGER V. REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS
445 U.S. 136 (1980)
NATURE OF THE CASE: This was a dispute over the interpretation of the FOIA.
FACTS: FOIA requests were made to get access to various transcriptions of Kissinger's
telephone conversations. Throughout Kissinger's service to Presidents Nixon and Ford, his
secretaries generally monitored his telephone conversations and recorded their contents by
shorthand or tape. These extensive tapes and transcripts were stored in his office at the
State Department in personal files. While still Secretary of State, Kissinger removed these
archives from his office to the estate of Nelson Rockefeller. No consultation was made with
any type of official at the State Department regarding this move nor was any governmental
official in any capacity consulted. Kissinger then deeded these papers to the Library of
Congress provided that public access to the transcripts would be permitted only with the
consent or upon the death of the other parties to the telephone conversations in question.
The transcripts and tapes were delivered to the Library of Congress. Important parts of the
documents were extracted by the State Department for any significant policy decisions or
actions not otherwise reflected in the Department's records. FOIA requests were filed while
Kissinger was Secretary of State but only one request was filed prior to the removal of the
telephone notes from the State Department premises. All the requests were denied, as the
State Department no longer had the records; even a government archivist was denied access to
the notes. P filed a lawsuit for violation of the FOIA. The Court ruled in favor of P for
transcripts produced while Kissinger was Secretary of State but denied any requests for
production when Kissinger was Special Assistant to the President. Both parties appealed. The
Appeals Court affirmed. The Supreme Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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