Dr. Bradley Foerster Seeks His Own CIA Records: “Where Does No Records End and Glomar Begin?”

Records released by the FBI concerning Dr. Bradley Foerster documented referral and/or consultation processing involving an unidentified Other Government Agency (OGA).

The released FBI records did not identify the OGA. The FBI’s June 15, 2026 release letter and the subsequent federal-court record concerning that still-unidentified OGA consultation are documented here:

Foerster v. U.S. Department of Justice — July 13 Joint Status Report; September 9 Follow-Up to AUSA Stratton on Outstanding FBI Page-Count and Interagency Consultation Issues

Against that background, on June 29, 2026, Dr. Foerster submitted a renewed Freedom of Information Act and Privacy Act request to the Central Intelligence Agency seeking records concerning or referring to Dr. Foerster.

The CIA responded on September 16, 2026. The answer was not simply that the Agency had located no responsive documents. Instead, the CIA divided its response into two parts.

The practical result was straightforward: Dr. Foerster was no closer to knowing whether the CIA maintains records concerning Dr. Foerster than before the request was filed.

The CIA reported “no responsive documents” for one portion of the request. For another, the CIA would not say whether responsive records exist.

The central question remained unanswered: Does the CIA maintain records concerning Dr. Bradley Foerster?


June 29, 2026 — The Renewed CIA Request


September 16, 2026 — The CIA Gives Two Answers

For records whose existence or nonexistence could be acknowledged without revealing classified information, the CIA stated that it had conducted a search and:

“We located no responsive documents.”

But the CIA then addressed a second category.

For records where merely revealing whether records exist would itself reveal classified information, the CIA stated that it could “neither confirm nor deny having such records.”

The CIA invoked Executive Order 13526, FOIA Exemptions 1 and 3, corresponding Privacy Act exemptions, and provisions of the CIA Act and National Security Act.

That distinction is important.

It would not be unusual for records maintained by an intelligence agency, if such records existed, to contain classified information. The CIA’s response went further. For part of Dr. Foerster’s request, the CIA stated that even the existence or nonexistence of responsive records could not be acknowledged without revealing classified information.

For one part, the CIA was willing to answer the existence question and reported that its search “located no responsive documents.” For another, the CIA would not answer the existence question at all.


What Remained Unclear

The June 29 request sought several different categories of records, including interagency communications, referrals, consultations, routing, transmittal, and administrative processing records.

The September 16 response did not say which categories fell on which side of the line.

In other words, the CIA did not explain which categories it searched and found no responsive documents for, and which categories it would not confirm or deny existed.

Where does the no-records determination end and the Glomar determination begin?

That became the central issue in the administrative appeal.


September 18, 2026 — Administrative Appeal

On September 18, 2026, Dr. Foerster appealed both parts of the CIA’s determination.

The appeal challenges the adequacy and scope of the search underlying the no-responsive-documents determination. Separately, the appeal asks the CIA Agency Release Panel to review the legal basis and scope of the Glomar response.

At the center of the appeal is the unanswered question created by the CIA’s own two-part response: where does the no-records determination end and the Glomar determination begin?

The appeal asks the Agency Release Panel to identify that boundary and determine whether Glomar is justified for the materially different categories of records requested.

The appeal also seeks review of the CIA’s reliance on FOIA Exemptions 1 and 3, including whether the existence or nonexistence of records is itself protected under those exemptions, and raises the effect of prior official disclosures.


September 18, 2026 — Appeal Filed

The appeal was transmitted to the CIA on September 18. The fax confirmation reports the transmission result as “OK.”

The CIA Agency Release Panel’s determination remains pending.

Certification of Identity — U.S. Citizenship

As part of the September 18, 2026 administrative appeal, Dr. Bradley Foerster submitted a CIA Freedom of Information Act Certification of Identity identifying himself as a U.S. citizen.

The certification also identifies Dr. Foerster as the subject of the request and describes the records sought as:

“My CIA File, records indexed to my name including FBI files/records”

The completed Certification of Identity is reproduced below.

September 24, 2026 — CIA Acknowledges Administrative Appeal

On September 24, 2026, the CIA acknowledged Dr. Bradley Foerster's administrative appeal and assigned it Reference No. P-2026-00921.

The CIA reported that the Agency Release Panel received the appeal on September 21 and stated that it would be brought before the Panel “for deliberation and final determination.”

September 24, 2026 CIA acknowledgment of administrative appeal — Reference No. P-2026-00921

The Agency Release Panel's final determination remains pending.

Author Image

Brad Foerster, MD PhD

Brad Foerster is a FOIA advocate documenting requests, transparency disputes, and accountability investigations involving public agencies, universities, police oversight, and Russia-Gate related inquiries. His work compiles original documents, timelines, and analysis of public records and institutional responses. Brad is also a board-certified radiologist, author of Town & Gown, and has published over 40 peer-reviewed articles. Brad lives in Potomac, Maryland with his family and is a member of the Montgomery County Medical Society and the Takoma Park U.S. & World History Book Club.