Pentagon Delays, “Unusual Circumstances,” and FOIA Failures
Savage first filed his request with U.S. Southern Command (SOUTHCOM) — the branch responsible for military operations in Central and South America — on Sept. 9, a week after Trump publicized the strike.
SOUTHCOM acknowledged receipt but warned it could not respond within FOIA’s 20-day limit, citing “unusual circumstances” that required consultation with multiple Defense Department components. The agency did not provide a completion timeline or any estimate for review.
When Savage renewed his request on Nov. 1, asking for additional footage from the October strikes, SOUTHCOM gave the same response — no denial, but no action either.
“The Defense Department cannot rely on exemptions to conceal footage that was already partially declassified and publicly released,” the Times argued, referencing the 29 seconds of video Trump had shared online.
NYT Seeks Court-Ordered Release of Strike Videos
The Times and Savage are now asking the court to declare the records public and subject to release, to compel the Defense Department to conduct an adequate search, and to deliver the requested materials within 20 days of any court order.
The lawsuit underscores growing concerns over military transparency, particularly when strikes result in civilian or unidentified casualties. It also highlights the unprecedented communication strategy of U.S. officials — announcing classified missions directly on social media platforms rather than through formal briefings.
