Law: State Secrets

How to keep them

Federal officials intent on shielding records from journalists, biographers and other inquirers may have hit upon a very simple way: remove the files from the agency involved before anyone seeks access under the Freedom of Information Act (FOIA). In a case involving transcripts and summaries of telephone conversations that Henry Kissinger recorded during his years in Government, the Supreme Court last week ruled 5 to 2 that the State Department had no obligation to retrieve those records for members of the public.

Two lower courts had ruled against Kissinger. They said that the records of phone conversations he made...

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