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  FOIA Case

In 1993, the Senate Select Committee on POW/MIA hearings adjourned and concluded that:

"We acknowledge that there is no proof that U.S. POWs survived, but neither is there proof that all of those who did not return had died. There is evidence, moreover, that indicates the possibility of survival, at least for a small number, after Operation Homecoming"

During the course of those hearings, the Central Intelligence Agency (CIA) supplied "tens of thousands" of documents for committee review.  These documents are detrimental in determining the fate of hundreds, if not all of our POWs and MIAs.

In 1992, then President of the United States, George H.W. Bush issued Executive Order No. 12812, which ordered the CIA (and all other Government agencies) to release all information pertaining to our POWs and MIAs.  President Clinton further reaffirmed EO12812, by issuing a Presidential Directive (No. 8) which required all governmental agencies to complete their audits by Veterans Day, 1993.  However, the CIA has continually denied the release of or access to a large portion of these documents.

On May 28, 1998, a Freedom of Information Act (FOIA) civil action (No. 98-1319 PLF) was filed in the U.S. District for the District of Columbia, by Plaintiff Roger Hall.  Plaintiff Hall pressed for the case to go to trial, while the defendant (the CIA) moved for a summary judgment so that the case would be dismissed.

In August of 2000, the courts found that the CIA had documentation on the last known location of at least one live Prisoner of War and then ordered the CIA to increase its search for additional documentation relating to POWs and MIAs, including satellite imagery. Thus far, the identity or identities of the last know alive have yet to be revealed.  However, the court also allowed the CIA to withhold some documentation under the covert operations protection of the National Security Act of 1947 and for reasons of national security. 

In May of 2004, Roger Hall and two additional plaintiffs, Studies Solutions Results Inc., and Accuracy in Media, filed a new case with the U.S. District for the District of Columbia to address shortcomings of the original suit, that was thrown out of court by the Judge.  You can view documents related to the new case here.

HEY!  You too can help Roger Hall and the other Plaintiffs in this case!

  • Consider making a donation to assist with the legal costs so that Roger and friends can continue the fight in determining the fate of our POWs and MIAs


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by Frank Anton , Tommy Denton (Contributor), and Frank Anton

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Five Years to Freedom by James N. Rowe

Code-Name Bright Light: The Untold Story of U.S. POW Rescue Efforts During the Vietnam War by George J. Veith


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