USCA1 Opinion

UNITED STATES COURT OF APPEALS

FOR THE FIRST CIRCUIT
_________________________
No. 92-2234
SHERRY ANN SULLIVAN,
Plaintiff, Appellant,
v.
CENTRAL INTELLIGENCE AGENCY,
Defendant, Appellee.
_________________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. D. Brock Hornby, U.S. District Judge]
___________________
_________________________
Before
Breyer, Chief Judge,
___________
Selya and Stahl, Circuit Judges.
______________
_________________________
James H. Lesar, with whom David L. Sobel
______________
______________
on brief, for appellant.

and Mark Zaid were

_________

Robert M. Loeb, Attorney, Appellate Staff, Civil Division,

______________
U.S. Department of Justice, with whom Stuart M. Gerson, Assistant
________________
Attorney General, Richard S. Cohen, United States Attorney, and
________________
Leonard Schaitman, Attorney, Civil Division, were on brief, for
_________________
appellee.
_________________________
May 26, 1993
_________________________

SELYA,
SELYA,
Information
appellant

Act
Sherry

federal agencies.

Circuit
Judge.
Circuit
Judge.
_______________
(FOIA),

U.S.C.

Ann Sullivan

Invoking

the

552

(1988),

Freedom

of

plaintiff-

requested information

from nine

Her curiosity unslaked by the meager responses

to her request, she sued.

The federal district court ordered the

agencies to explain their

search methodologies in greater detail

and

reviewed some withheld documents in camera.

__ ______

violations,
defendants.

the court granted

Finding no FOIA

summary judgment in

favor of all

Ms. Sullivan
Intelligence
adequacy

appeals with respect only

Agency (CIA).1

of the CIA's file

She limits

her

search and the

to the Central
argument to

the

applicability of the

President John F. Kennedy Assassination Records Collection Act of

1992

(JFK

After

Act), Pub.

"indulging

favor,"

L. No.

all

102-526,

reasonable

106 Stat.

inferences

in

3443 (1992).

[appellant's]

Griggs-Ryan v. Smith, 904 F.2d 112, 115 (1st Cir. 1990),

___________
_____

as the summary judgment standard necessitates, we affirm.

I.
I.

A POSSIBLE MISSION
A POSSIBLE MISSION
Appellant's

father, Geoffrey Sullivan, and his quondam

colleague, Alexander Rorke, were last seen on September 24, 1963,

leaving

Cozemel, Mexico

Though the pair

they

in a

twin-engine

filed a flight

never arrived.

Beechcraft airplane.

plan for Tegucigalpa,

search ensued, but

Honduras,

neither the aircraft

nor its occupants were found.

____________________
1In view of this limitation, we omit any
other eight agencies in the pages that follow.

reference to the

In later years, appellant

grew determined to solve the

mystery

of

interviews
documents,

her

father's

and

an

disappearance.

inspection

appellant surmised

of

that

On

the

basis

declassified
Rorke and

of

government

her father

were

engaged in a CIA-sponsored mission to drop propaganda (or perhaps

something

more

suspicions, the

sinister)

over

CIA steadfastly

Cuba.

Despite

appellant's

refused to acknowledge

that it

employed either man at any time.

Undaunted, appellant requested that the CIA provide her

with documents about
non-operational
and

a few,

Rorke.

the missing

files, finding no

apparently

When the

men.

The

agency perused

data about

Geoffrey Sullivan

inconsequential, documents

agency

balked at

its

searching

relating

to

its operational

files, appellant instituted the instant action.

II.
II.

THE FOIA CLAIM

THE FOIA CLAIM

We begin by exploring the intersection between FOIA and

the CIA Information Act of 1984, 50 U.S.C.

431-432 (1988).

We

then apply the statutory framework to the case at bar.

A.
A.
In general,

Statutory Structure.
Statutory Structure.
___________________
FOIA requires that upon

due inquiry every

federal agency "shall make [requested] records promptly available

to any person."
hedged by

5 U.S.C.

nine exemptions.

these exemptions cover much

552(a)(3).
See 5
___

U.S.C.

This broad command

552(b).

of what typically might be

is

Although

found in

CIA
to

operational files,2 FOIA does not give the CIA carte blanche
refrain from

producing

intelligence agency.
intelligence

documents merely

because

it is

an

Consequently, the CIA had to divert trained

officers

to

search

its

entire

file

system

in

response to FOIA requests, notwithstanding the relatively limited

number of non-exempt documents likely to be culled.
No.

305, 98th

Cong.,

1st

Sess.

6-7

(1983).

See S. Rep.
___
To

curb

the

inefficiencies inherent in applying standard FOIA requirements to

the arcane realm
reserved

of the

power to

CIA, Congress, acting

insert

additional FOIA

pursuant to

exemptions in

statutory enactments, see 5

___

U.S.C.

Sims, 471
____

(1985) (acknowledging

U.S. 159, 167-68

Information
F.2d

547,

Act creates
555

(1st

552(b)(3); see also

___ ____

FOIA exemptions);

Cir.

1993)

(similar),

other

CIA v.
___

that the

Maynard v.
_______
passed

its

CIA

CIA, 986
___
the

CIA

Information Act.
The Information
the

Act addressed the problem

by excusing

CIA from searching its operational files in response to most

FOIA requests.
the conduct

Operational files, i.e.,

____

and means

files that memorialize

of the government's

and counterintelligence efforts, see 50

___

foreign intelligence

U.S.C.

431(b), are the

most sensitive of the CIA's records and, thus, the most likely to
need an extra

measure of protection.

operational files

Recognizing, however, that

can be highly informative,

Congress carefully

____________________

2For example, FOIA does not require production of classified

national defense and foreign policy documents, 5 U.S.C.
552(b)(1), trade
secrets or other
confidential commercial
information,
5 U.S.C.
552(b)(4), or
law
enforcement
investigatory files, 5 U.S.C.
552(b)(7).
4

carved out
statutory

three areas in which

bar,

might

requestors, notwithstanding the

nonetheless

receive

materials.

Specifically, the CIA must search such files and produce relevant
information if a document request is
(1) [from] United States citizens . . .
who have requested information on themselves
. . . ; [or]
(2) [regarding] any special
existence of
which is not
disclosure under [FOIA]; [or]

activity the
exempt from

(3) the
specific subject matter
of an
investigation by the intelligence committees
of the Congress, the Intelligence Oversight
Board, the Department of Justice, the Office
of General Counsel of the [CIA], the Office
of Inspector General of the [CIA], or the
Office
of
the
Director
of
Central
Intelligence
for
any
impropriety,
or
violation
of
law, Executive
order, or
Presidential directive, in the conduct of any
intelligence activity.
50 U.S.C.

431(c).

In sum, then, the

statutory exceptions are

for first-party requests, special activity requests, and requests

that focus on

investigations of

improprieties in

intelligence-

gathering activities.
B.
B.

Applying the Exceptions.

Applying the Exceptions.
_______________________

Although appellant asserts that her information request

implicates each

of the three

exceptions quoted above,

none of them apply in this case.

1.
1.
her

We explain briefly.

First-Party Requests.
First-Party Requests.
____________________

Restricting

this aspect of

appeal to the information she solicits about her father, Ms.

Sullivan
files

we think

asseverates that
for

responsive

the CIA

documents
5

must search
because

its operational

section

431(c)(1),

properly interpreted, requires the agency, on request, to produce

information about the requestor's next-of-kin.
Appellant arrives at her
statute
is

by a two-step pavane.

vague as

to

rights of

rather curious reading of the

She says, first, that the statute

next-of-kin;

and second,

legislative history

resolves the uncertainty

find

to be

neither

step

We disagree.

consistent

with

that

the

in her favor.

We

the

rhythm of

the

Information Act.
Section 431(c)(1) is anything but murky.
language
who

limits the exclusion to

have requested

431(c)(1).

information

"United States citizens

on themselves."

While appellant suggests that,

"themselves"

is

common meaning

ambiguous, we

are

of

the exception.

Sullivan's

50 U.S.C.

that the

word's

are they," Webster's

_________

2370 (1986)

but is also anathematic

. . .

in context, the word

confident

"those identical ones that

Third New International Dictionary

___________________________________
palpably plain

The statute's

is not

only

to appellant's rendition

The lack of ambiguity entirely undermines Ms.

position.

Courts

will only

look behind

statutory

language in the rare case where a literal reading must be shunned

because it

would produce

an absurd

outcome, see,
___

e.g., Public
____ ______

Citizen v. United States Dep't of Justice, 109 S. Ct. 2558, 2566

_______
_______________________________
(1989)

("Where the

literal reading

compel

an odd result, [courts] must search for other evidence of

congressional intent . .

of a

statutory

. .") (citation and internal

term would

quotation

marks omitted), or
uncertain

when the legislature

trumpet.

See
___

has otherwise blown

an

Morales v. Trans World Airlines, Inc.,

_______
___________________________
6

112

S. Ct. 2031, 2036 (1992); FMC Corp. v. Holliday, 111 S. Ct.

__________
________

403, 407 (1990); see

___

also United States v. Aversa, 984 F.2d 493,

____ _____________
______

499 n.8 (1st Cir. 1993) (en banc) (reiterating that where statute
is

clear,

cases).

further

hermeneutics

are

unnecessary)

(collecting

Here, reading the statute literally produces a perfectly

plausible result

and the

clarity of

stunning.

ends the

matter:

That

the
if

statutory command
Congress had

create a right for next-of-kin, it could

is

wished to

and, we think, would

have done so explicitly.

The second step of appellant's section 431(c)(1) pavane

is equally bollixed.
Act

reinforces

construction

The

rather

of

language portends.

legislative history of the Information

than

weakens

the first-party

the

exception

unrelievedly
that the

statutory

See, e.g., S. Rep. No. 305, at 17-18.

___ ____

some members of Congress

narrow

apparently believed that the CIA

While

would

treat

next-of-kin

requests

"generously,"

generosity was

obviously meant to

be a

Senate Report

states unequivocally:

id.
___

at

matter of

"This

18,

such

grace.

The

legislation does not

give next-of-kin a right to request information about a

person."
the

Id. at 17.
___

The

deceased

predictions of individual senators to

effect that an agency, once empowered, will act with greater

generosity

than

it

is

obliged

to

exhibit

cannot

serve

to

overwhelm the letter of the law.

We

have said

enough.

431(c)(1) nor its legislative

to

CIA operational

files

Neither

the

text of

history support a right

for next-of-kin

requestors.

section

of access

Hence,

appellant cannot wield

the first-party exception

as a wedge

to

loosen the restrictions that safeguard CIA operational files.

2.
2.
is

Special Activity Requests.

Special Activity Requests.
__________________________

that the CIA must

Appellant's next claim

produce the information

she seeks because

her request relates to a "special activity" within the purview of

50

U.S.C.

431(c)(2).

In this instance, the statute's language

provides relatively
in

scant guidance, other than

addition to having

a special activity

to mandate that,

linkage, the material

must not otherwise be exempt from disclosure under FOIA.

See id.
___ ___

The statute is silent in a critical respect; neither its text nor

its

structure

characteristics
therefore,

afford

meaningful

of a CIA activity

to the

Trust Co. v.
_________

legislative

a statute's text leaves

See, e.g.,
___ ____

F.2d 818, 824

(discussing preferred approaches

into

make it "special."

history.

Massachusetts, 971
_____________

insight

what

We turn,

Greenwood
_________

(1st Cir.

1992)

to statutory construction where

unanswered questions), cert. denied, 113

_____ ______

S. Ct. 974 (1993).

House

and

Senate

reports

make

clear that

Congress

designed the special activity exception to allow public access to

declassified information while still permitting the CIA to refuse

to

confirm

or

deny

the

existence

classified covert operations.

of

documents relating

See H.R. Rep. No. 726, 98th Cong.,

___

2d Sess. 27 (1984); S. Rep. No. 305, at 24.

competing

objectives,

construed

in

light

the special
of two

to

basic

secrecy.
8

To accommodate these

activity
concerns:

provision

must be

specificity

and

As to the specificity
a

prong, a requestor must identify

particular CIA activity in connection with his or her request.

__________

The

House report accompanying the Information

Act tells us that

the term "special activity"

means any activity of the United States
Government, other than an activity intended
solely for obtaining necessary intelligence,
which is planned and executed so that the
role of the United States is not apparent or
acknowledged
publicly, and
functions in
support
of any such
activity, but not
including diplomatic activities.
H.R.

Rep. No.

explanation by
to

726, at

28.

The Senate

furnishing examples.

added content

Thus,

"a specific covert action operation,

to this

requests must relate

such as the Bay of Pigs

invasion or the CIA's role in replacement of the Guatemala regime

in the 1950s . . . ."
request

is

S. Rep. No. 305, at 24-25.

insufficiently specific

"if

it refers

category or type of covert action operations."

example of

an inadequately

report mentions

one that

the existence of CIA covert

particularized
is "predicated on

argues

on appeal

to

a broad

Id. at 25.
___

request, the

As an

Senate

declassification of

efforts to counter Soviet

in Western Europe during the 1950s . . . ."

Appellant

By contrast, a

influence

Id.
___

that the

information she

seeks is part and parcel of a particular "special activity":

CIA's

unremitting efforts

to

overthrow Cuban

President

the

Fidel

Castro.
this

Although the

parties dispute whether appellant espoused

theory before the district

question

of

waiver because

court, we need

it is

apparent

present incarnation, appellant's theory

not resolve the

that, even

is unavailing:

in its

it rests

on

CIA activity that is too expansively described to slip within

the integument of section 431(c)(2).

In an effort to prove the contrary, appellant seizes on

an example limned
coup deposing
congener to the
not.

Guatemalan

Senate report and

President Arbenz

special activity

proclaims that
in

1954 is

she has described.

a
We

the

fair

think

While equating the two might produce a certain superficial

symmetry, doing
essential
Arbenz

in the

so flies in the

difference in

and anti-Castro

teeth of history.

the magnitude
campaigns.

and scope

President

There is an
of the

Arbenz fled

anti-

his

country at the conclusion of a CIA-inspired operation that lasted

only a

few months and

involved only a

handful of agents.

See
___

Jeremiah O'Leary, Tricks of the Coup Trade, Wash. Times, Dec. 19,
________________________
1989,

at F3;

see generally
___ _________

Julius Pratt,

A History of United
____________________

States Foreign Policy 532-33

_____________________
overthrow of
with

(1965).

the Guatemalan government was

beginning,

an end,

and

contrast, the CIA's campaign against

decades.

Like the Bay

of Pigs, the

a discrete operation

circumscribed

middle.

In

Castro has been ongoing for

By all accounts, it has involved widespread efforts and

hordes of people.

Indeed, the CIA's role in respect

Cuba is more properly analogous to CIA operations

to Castro's

against Soviet

influence in Western Europe during the 1950s, a course of conduct

which

the

trigger

Senate specifically

the special

activity

indicated

was

exception, than

too sweeping

to

to

in

the coup

Guatemala.
We turn now to the second prong:

secrecy.

The special

10

activity provision also requires

be exempt from disclosure

that the requested material not

under FOIA.

At

the very least,

means that the data must be either unclassified

See
___

5 U.S.C.

552(b)(1)(B) (establishing
Declassification

this

or declassified.

FOIA exemption
occurs only

for

classified

materials).

when "an

authorized

Executive Branch official has officially and publicly

acknowledged the existence . . . of a specific special activity."

S. Rep. No. 305, at 24; see also Hunt v. CIA, 981 F.2d 1116, 1121
___ ____ ____
___
(9th

Cir. 1992) (recognizing that

information

on

Appellant's
test

special

the

involvement in

an

that

this prong

activity

generally declassified.

region

activities

request fails

because

the CIA need

about

remain

of the

which

not release any

she

classified).

section 431(c)(2)
inquires is

not

The mere fact that the CIA acknowledges

incident or,

of the world, does

more broadly,

not justify the

in a

particular

release of documents

which touch, however distantly, on that incident or region.

Of

course, certain

destabilize the Castro regime

of Pigs, for one).
apparently

seek

in any

simply inquired about

affairs

has never

of the

CIA's efforts

are in the public domain

information related

specific

to the

request

subjects'

(declassified) operations,3

the two men

been acknowledged

whose

alleged role in

by either

to

(the Bay

Nonetheless appellant's initial FOIA

did not

participation

aspects

the CIA

but

CIA

or any

____________________

3We are frank to acknowledge that the appellate record is

not entirely pellucid in this regard. Appellant, however, must
bear
the onus of such shortcomings in the record.
See
___
Massachusetts v. Secretary of Agric., 984 F.2d 514, 523 n.7 (1st
_____________
___________________
Cir. 1993).
11

Executive

Branch

disappearance.
necessarily

official
In this

fatal.

and the
case, such

With respect

circumstances
a

level of

to CIA operations,

another thing for one

officially to
755,

765

say that it is

(D.C. Cir.

in a position

so."

"it is one

be so . . . ;
to know of

Fitzgibbon v.
__________

1990) (quoting

their

generality is

thing . . . to speculate or guess that a thing may

it is quite

of

it

CIA, 911 F.2d

___

Alfred A. Knopf, Inc. v.

_______________________

Colby, 509 F.2d 1362, 1370 (4th Cir.), cert. denied, 421 U.S. 992
_____
_____ ______
(1975)).

That

declassified

is

some
____

operations

insufficient

to

against
throw

Cuba

open

all
___

have

been

CIA

files

regarding Cuba.
At bottom, the interleaved
initially identify (i) a

fact that appellant did not

particular operation against the Castro

regime

that (ii) is declassified

father

participated,

defeats

and in which

her

effort

to

she believed her

invoke

section

431(c)(2).
3.
3.
the notion

Investigatory Requests.
Investigatory Requests.
_______________________
that because

Committee) inquired

a Senate

Finally, appellant

Select Committee

into certain covert

hawks

(the Church

operations against Cuba

mounted by the CIA and other (putatively independent) anti-Castro

groups,4

the information

subject

matter

committee[]

of

of

the

she requests

an

comprises

investigation

Congress .

by
for

[an]

"the specific

intelligence

any impropriety,

or

____________________

4The Church Committee eventually filed a compendious report

of its investigation. See The Investigation of the Assassination
___ ______________________________________
of President John F. Kennedy: Performance of the Intelligence
_________________________________________________________________
Agencies, S. Rep. No. 755, 94th Cong., 2d Sess. (1976).
________
12

violation

of

activity."

law .

50 U.S.C.

in

the conduct

431(c)(3).

of

an

intelligence

In our view, appellant's FOIA

request does not fall within the exception's province.

As the statute's language and legislative
clear,

see
___

congressional

id.;
___

see
___

also
____

H.R. Rep.

investigation that

particular incident or region,

No.

touches

726,
on CIA

of all CIA documents anent

or

the congressional

Instead,

at

28-31,

conduct in

standing alone, is not sufficient

to warrant the release

region.

history make

that incident

investigation and

the

documents sought must specifically relate to CIA wrongdoing, that

is,

some "impropriety" or "violation

of law" in

the conduct of

the

designated intelligence

activity.

50 U.S.C.

431(c)(3).

The primary mission of the Church Committee, as appellant admits,

was

to

examine

assassination

the

of

relationship,

President

if

Kennedy,

any,

on

the

between
one

American-sponsored operations

against Cuba, on the

In

the Committee

the course

of its

work,

operations against Castro and,

from

that

perspective, the

hand,

considered American

inevitably, their legality.

Committee's

Committee's inquiry was not a

wrongdoing.
her

Second, appellant's

father's

disappearance

discernible relationship to
latter

obstacle is

section

mission

Seen

does not

request for

bears

First,

no

information about

claimed

or

readily

the investigation's purposes.

that, to

fit

direct investigation into CIA

insurmountable:

431(c)(3) is

and

second hand.

within the contours of section 431(c)(3) for two reasons.

the

the

This

pivotal requirement

be extractable,

of

the information

13

requested

must

concern

official investigation.
which

the

Committee

happenstance does

the

specific

subject

Thus, although there

searched

not allow

for

agency

matter

of

the

were instances in
misconduct,

appellant to catapult

that

herself over

the

statutory parapet.

which bore

It is simply not enough that information

in some remote

way on

the request

course of an official investigation.

surfaced in

See H.R. Rep. No.

___

the

726, at

30-31.
Appellant

also

developed

argumentation,

Committee

on

whether

points
to

the

Assassinations

the

CIA might

work

(HSCA).

have

President Kennedy, see H.R.

___

hopefully,
of

the

This

played

albeit
House

Select

committee

probed

role in

the

death

Rep. No. 1828, 95th Cong.,

(1979), concluding that it did not.

Id. at 3.
___

without

of

2d Sess.

Assuming arguendo
________

that the HSCA investigation centered on potential CIA wrongdoing,

its work still cannot serve as a vehicle for bringing appellant's

request within the statutory exception.
information on
has

not alleged

involved in
does

not

the CIA's role

that either

the

investigation," 50 U.S.C.
report as a

in the Kennedy
her father

any such machinations.

overlap

means to

Appellant is not seeking

"specific

assassination and

or Rorke

Hence, because
subject

431(c)(3), she

escape the strictures

matter

was directly

her request
of

cannot use the

of the

[the]

HSCA

Information

Act.

We rule, therefore, that neither the Church Committee's

investigation nor HSCA's probe is sufficiently sturdy a bootstrap

14

to

lift appellant's FOIA request over the hurdles erected by the

congressional investigation exception to the Information Act.5

III.
III.

THE JFK ACT CLAIM

THE JFK ACT CLAIM
After the district court entered summary

before
Act,

appellant briefed
Pub. L.

requires

No.

that

this appeal,

102-526, 106
records

assassination be transferred to

Congress passed

Stat.

related

judgment, but

3443
to

(1992).

the JFK
The

President

Act

Kennedy's

the National Archives where they

are to be made publicly

available, subject to certain stipulated

conditions.

The Act constructs a

from FOIA

Id.
___

5.

sheds considerably

fashion.

See id.
___ ___

more heat

4.

than

to President

law's disclosure

a peroration that

insinuates

be tied in some

Kennedy's assassination

order the district court to review

In

light, appellant

that her father's disappearance might

the new

distinct

by which the public can search those documents in an

almost unfettered

way

process

and implores

undefined

that we

her information request under

provisions.

Her

argument is

policy-

driven; in her view, federal courts should go to great lengths to

order documents produced

under the JFK

Act because the

statute

instructs agencies to "give priority to . . . the identification,

review, and transmission, under the standards of postponement set

forth in this Act,

enactment

of

of assassination records that on the

this

Act

are

the

subject of

date of

litigation

under

____________________

5Having disposed of appellant's initiative on this ground,

we need not consider whether either the Church Committee or HSCA
was an "intelligence committee[]" within the meaning of section
431(c)(3).
15

[FOIA]."

See id.
___ ___
We are

5(c)(2)(G).
unconvinced.

The

JFK Act, like

primary responsibility for assessing information

Executive Branch.
agency action
law, not
reason

requests to the

Judicial review is merely a safeguard against

that proves arbitrary, capricious,

an option
to

FOIA, assigns

throw

of first
caution

to

resort.

We

the winds,

or contrary to

can discern
disrupt

the

no valid

orderly

workings of the statutory scheme, and instruct the district court

to

dive headlong

premature from

into

uncharted waters.

virtually every

standpoint:

Doing so
the

would

be

compilation of

records required by the JFK Act has not been completed, appellant
has not

invoked the administrative processes

legislation,

no agency action has

afforded under the

been taken thereunder, and, a

_
fortiori,
________
See
___

there is no administrative record for a court to mull.

Assassination Archives & Research Ctr.

________________________________________

Justice,
_______

F. Supp.
___

,
_____

v.

U.S. Dep't of
______________

n.3 (D.D.C. 1993) [No. 92-2193;

___

slip op. at 12 n.3] (finding similar JFK Act claim unripe).

We

need go no further.

neoteric JFK Act claim

United States onto
action

for

the

(providing

for

that belongs before the Archivist

her FOIA appeal.

district

participate in so

Appellant has boldly grafted a

court

Since there
to

review,

radical an experiment.
judicial

review

of "final

is no
we

of the

agency

decline

See JFK Act,

___
actions"

to

11(c)
taken

by

agencies).
IV.
IV.

CONCLUSION
CONCLUSION

Although we sympathize with appellant's desire to learn

16

the
must
Act

details of her father's fate, she, like all other litigants,

abide by the rules.
to

strike

balance

Congress crafted
between

public

the CIA Information

disclosure

and

an

effective intelligence apparatus.

the relative

interests, see Sims, 471

___ ____

whenever human
law

sympathies are engaged,

as Congress wrote it.

request and

is not to

reassess

U.S. at 180, or

to yield

but simply to

apply the

Given the

generality of appellant's

the stringent standard of

confidentiality contained

in the Information Act,

summary

Our role

the district court appropriately granted

judgment in the government's favor.

explained,

the

freshly

principled basis for

minted

a remand

JFK

Act

and, thus, no

ruling below.

Affirmed.
Affirmed.
________

17

Further, as we have
claim

provides

detour around

no

the