SOURCE: BlackVault — theblackvault.com (Tier 2)
CATEGORY: BUREAUCRACY
CREDIBILITY SCORE: 78/100 | EVIDENCE SCORE: 30/100
LIKELY EXPLANATION: reputable lead — review and contextualize
TAGS: odni, dod, pentagon, congressional, foia, archive
Source Excerpt
Maj. Gen. Derek J. O’Malley, Director of Special Programs and Director of the Department of Defense Special Access Program Central Office A recent Freedom of Information Act response issued by the Department of War raises significant questions about the government’s obligations under FOIA, after officials declined to conduct even a basic email search tied to allegations surrounding the so-called “Immaculate Constellation” program. The request, filed by The Black Vault and assigned case number 25-F-3827, sought a search of emails sent to or from Maj. Gen. Derek J. O’Malley , Director of Special Programs and Director of the Department of Defense Special Access Program Central Office, for communications containing the phrase “Immaculate Constellation.” The request explicitly asked for both classified and unclassified records. In its final response dated January 26, 2026, the Office of the Secretary of War/Joint Staff stated that no search would be conducted at all. According to the letter, “a search was not conducted as they confirmed the subject matter itself does not exist, and an extensive email search on the custodian would not yield responsive records.” The rationale offered by the Department of War hinges entirely on the premise that because the alleged Special Access Program does not exist, records discussing it cannot exist either. That position stands out as unusual within FOIA practice, where agencies are generally expected to conduct searches for records responsive
Documents
- https://www.congress.gov/118/meeting/house/117721/witnesses/HHRG-118-GO12-Wstate-ShellenbergerM-20241113.pdf
- https://www.dni.gov/files/documents/FOIA/DF-2025-00021-Immaculate-Constellation-descrp-from-UNCLASS-Press-22-Oct-2024.pdf
- https://www.theblackvault.com/documentarchive/wp-content/uploads/2026/01/25-F-3827-Final.pdf
- https://www.theblackvault.com/documentarchive/wp-content/uploads/2026/01/25-F-3827-Final.pdf
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