Pentagon: Refusal to search Immaculate Constellation emails
Military officials declined to process a records request regarding alleged secret program communications. The agency asserted that searching emails would prove futile since the topic supposedly lacks existence. This justification challenges standard practices for government transparency and disclosure obligations.
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Background
On January 26, 2026, the Office of the Secretary of War issued a formal response to Freedom of Information Act case 25-F-3827, filed by The Black Vault. The request sought email communications sent to or from Major General Derek J. O'Malley containing references to "Immaculate Constellation," covering both classified and unclassified materials. Rather than conducting the requested search, officials declined entirely, asserting that the subject matter itself does not exist.
The rationale provided by the Department of War represents a significant departure from standard FOIA procedures. Typically, agencies are required to search for records responsive to the specific language of a request, regardless of whether the underlying subject matter is later determined to be inaccurate or unsubstantiated. By refusing to search based solely on their conclusion that the alleged Special Access Program is fictitious, the military potentially circumvents transparency mandates established under federal disclosure laws.
This refusal raises substantial questions about governmental accountability and the limits of classification authority. The case highlights ongoing tensions between public demands for transparency regarding unidentified anomalous phenomena and institutional resistance to releasing potentially sensitive communications. Legal observers note that denying searches based on subject matter determinations could establish problematic precedents for future disclosure requests.
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