On February 24, 2026 — just days after President Trump publicly ordered the release of UAP-related government files — the United States Navy formally denied an appeal seeking 78 classified UAP photographs. The denial letter stated explicitly: there is “no discretion” regarding their release.
The case, documented in full by John Greenewald at The Black Vault, exposes the legal architecture that makes Trump’s transparency order largely symbolic at the operational level. The same executive authority that enables a President to order declassification is cited as the mechanism blocking the release inside the FOIA process.
The FOIA Request
The Black Vault filed a FOIA request in September 2022 under case number DON-NAVY-2022-012661, seeking “all photographs with the designation of ‘unidentified aerial phenomena’ or ‘UAP’ as archived by the U.S. Navy.” In November 2024, the Navy’s initial denial authority confirmed 78 responsive photographs existed — and withheld all 78 in full under FOIA Exemption (b)(1), citing classification under Executive Order 13526 and the UAP Classification Guide.
The Black Vault appealed in November 2025, arguing substantial public interest given recent congressional scrutiny of UAP overclassification. The appeal cited witness testimony from the November 13, 2024 congressional hearing “Unidentified Anomalous Phenomena: Exposing the Truth.”
The Denial — February 24, 2026
The appeal was denied. The Navy’s appellate authority stated: “If potentially responsive information qualifies as exemption (b)(1) information, there is ‘no discretion’ regarding its release.”
The authority added: “I am satisfied that the OCA’s classification of the records responsive to your request satisfies the requirements under FOIA exemption (b)(1)… Therefore, as the DON appellate authority for FOIA appeals, I have no authority to tell the OCA otherwise.”
The Contradiction
This is the structural problem that PURSUE and public transparency orders do not solve. The UAP Classification Guide — a classified document that itself cannot be publicly released — designates certain UAP materials as inherently classified regardless of the President’s public statements. The Original Classification Authority (OCA) controls the material. The FOIA appellate authority cannot override the OCA. The President’s Truth Social posts do not change the legal classification status of documents held under EO 13526.
78 UAP photographs exist. The Navy confirmed they exist. They show something classified under the UAP Classification Guide — a guide whose contents are themselves secret. The photographs remain hidden. This is the gap between the transparency narrative and the classification reality.
Source: The Black Vault, FOIA case DON-NAVY-2022-012661, appeal tracking number 2026-NavyAppeal-000123. Documented March 2, 2026.