Summary of the article:

The case concerns veteran and researcher Michelle Kinnucan’s effort to obtain a classified congressional report about the June 8, 1967, Israeli attack on the USS Liberty, which killed 34 Americans and wounded approximately 174 others.

The NSA obtained the report in 1968, but in August 2026, the Ninth Circuit Court of Appeals ruled that the document remained a congressional record outside the scope of the Freedom of Information Act (FOIA). The court based its decision largely on a banner stating, “NOT FOR RELEASE UNLESS AND UNTIL AUTHORIZED BY COMMITTEE,” which it interpreted as evidence that Congress retained control over the report.

On October 8, 2026, Kinnucan petitioned the court to reconsider its decision. She argues that the NSA’s retention, circulation, and official use of the report—including using it to prepare an agency history—demonstrate that it qualifies as an agency record under FOIA. She also challenges the evidence supporting the claim that Congress retained control, noting that the banner’s author and date are unknown.

The Electronic Frontier Foundation and MuckRock Foundation subsequently supported rehearing, warning that the ruling could weaken government transparency by allowing agencies to withhold documents without adequately substantiating their claims of congressional control.

The key issue is whether the report qualifies as an agency record subject to FOIA. If the court agrees with Kinnucan, the NSA would still be able to withhold properly classified information under applicable FOIA exemptions, but it would have to justify that withholding.

Rehearing would not guarantee disclosure, nor would it determine whether Israel knowingly attacked the USS Liberty. However, access to the report could shed additional light on the communications failures surrounding the attack and contribute to a fuller historical understanding of the incident.

Source: https://www.military.com/veteran-seeks-another-hearing-in-uss-liberty-records-fight-tied-to-1967-navy-attack