Overview

• U.S. District Judge Denise Cote granted The New York Times’ summary-judgment motion and rejected DCSA’s asserted FOIA privacy exemptions.
• DCSA must produce a two-page list of any security clearances granted to Musk, subject to the court’s in-camera review of narrowly tailored redactions.
• The government faces an Oct. 17 deadline to submit specific redaction proposals addressing any remaining personal privacy concerns.
• Cote pointed to Musk’s public statements about holding clearances, his drug use including ketamine and marijuana, and his contacts with foreign leaders as diminishing his privacy interest.
• The opinion underscored substantial public interest due to SpaceX and Starlink’s sensitive federal work and noted Musk’s brief service as a special government employee.