Supreme Court Denies CAUS v. NSA: 135 UFO Documents Remain Classified
The US Supreme Court denies Peter Gersten's petition to hear CAUS v. NSA, ruling that releasing the NSA's 135 UFO documents 'could seriously jeopardize the work of the agency and the security of the United States.' The documents remain classified, unseen by even a single judge. NSA partially declassifies its 21-page Top Secret affidavit on May 18, heavily censored, revealing 239 total UFO documents (160 originating from within NSA itself). One reference describes NSA's ability to deal with 'unusual phenomena.'
Background
On March 8, 1982, the United States Supreme Court denied a petition to hear CAUS v. NSA, effectively ending judicial review of the National Security Agency's refusal to release 135 UFO-related documents. The Court upheld the agency's claim that disclosure would jeopardize national security, leaving the files classified and unseen by any judge. The decision represented a significant setback for FOIA-based UFO research efforts led by attorney Peter Gersten on behalf of the Citizens Against UFO Secrecy.
The Incident
The Supreme Court's denial followed a prolonged legal battle waged by Citizens Against UFO Secrecy (CAUS) against the NSA. Early in 1982, attorney Peter Gersten filed a petition asking the Court to review the case, arguing that the NSA had failed to clearly justify its reasons for withholding the requested materials. He specifically challenged the lower courts' reliance on a Top Secret summary prepared by the NSA itself rather than conducting an independent in-camera review of the actual documents.
Key developments in the case included:
- March 8, 1982: The Supreme Court rejected the petition, ruling that releasing the files "could seriously jeopardize the work of the agency and the security of the United States." Consequently, the 135 documents remained fully classified, with no judge having reviewed their contents.
- April 27, 1982: Following the defeat, Gersten filed a new request seeking all legal documents, memos, records, affidavits, and notes used to prepare the NSA's case, as well as the 21-page top secret affidavit.
- May 18, 1982: The NSA partially declassified the 21-page affidavit, revealing new information about the scope of its UFO files.
The partially released affidavit disclosed that the NSA actually held 239 UFO-related documents, not 135. The breakdown included:
- 79 documents originating from other government agencies
- 160 documents originating from within the NSA itself
Although nearly all specific UFO reports were redacted, the document referenced the agency's capability to deal with "unusual phenomena."
Investigation
The legal proceedings highlighted significant obstacles facing FOIA requesters seeking classified UFO materials. Gersten's challenge questioned the fundamental fairness of allowing an agency to withhold documents based on its own unverified summary, particularly when no judicial officer examined the actual files. The Supreme Court's refusal to hear the case effectively endorsed this procedure, permitting national security claims to override transparency without independent judicial verification of the claimed sensitivity.
The partial declassification of the May 18 affidavit provided limited insight into the NSA's UFO collection while raising new questions. Researchers Lawrence Fawcett and Barry Greenwood noted the oddity that the affidavit was released quickly following a simple letter from private citizens after being completely withheld throughout three formal legal actions. The discrepancy between the originally cited 135 documents and the actual total of 239 suggested the NSA had underreported the extent of its UFO-related files during the litigation.
Significance
The Supreme Court's decision established a formidable precedent for intelligence agencies seeking to withhold UFO-related materials under national security exemptions. By declining to require in-camera review of the documents, the Court effectively granted agencies broad discretion to classify UFO files without judicial oversight.
The timing of these events proved particularly consequential for UFO researchers. On April 2, 1982, President Reagan signed Executive Order #12356, which eliminated statutory time limits for agency responses to FOIA requests. This order created a regulatory environment where:
- Document searches could extend for two years or more
- Processing fees rose as high as $250,000 in some instances
These combined developments significantly impeded citizen access to government UFO records throughout the 1980s. The revelation that the NSA possessed 239 documents rather than the 135 claimed during litigation also demonstrated the difficulty of obtaining accurate information about the scope of government UFO files, even through formal legal processes.