One of the most powerful formal checks on government secrecy is the Freedom of Information Act, which compels the government to produce documents upon demand, with some exceptions. Since 1966, as you might imagine, the scope of the exceptions has been the subject of a significant amount of litigation. As you might also imagine, the government likes to define the exceptions broadly, and public advocacy groups like to define it narrowly.

In general, courts have been reluctant to side with the public in cases involving agencies involved in the national security state, specifically if a "national interest" type of exemption is cited. After all, the executive branch controls what constitutes national security information and decides how to protect it.

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It filed a FOIA request in 2011, and the Defense Department originally cited "exemption b(3)," which protects the privacy of people with a statutory right to it, as the reason for not releasing any of the names of students and military units. But after SOA Watch challenged the denial, the Defense Department added "exemption b(6)" to their list of reasons for not disclosing the information. That's the exemption that allows federal agencies to deny respondents information when the secretary of a particular department determines it's in the national interest.

Today, a judge reversed a long-standing habit of deferring on this exemption, and concluded that the FOIA agency has the burden to demonstrate why release would not be in the national interest. The Pentagon did a lot of asserting in its legal briefs, but not a lot of proving. (One claim: If the names of those who attend are released, they might be subject to harm back home, since many of them come from countries where being a law enforcement officer is dangerous. But the DoD did not find a way to prove their names were kept secret in their country of origin.)

There will be an appeal, of course, but the burden is now on the government to say why it must not be burdened with the justification of citing and asserting various FOIA exemptions.

This decision is the second major FOIA win for activists this month. In early April, an appeals court ruled that FOIA agencies must not only acknowledge having received a FOIA request within 20 days of getting one, but they must also give the requester information about what documents will be forthcoming, and which won't be.

Marc Ambinder is TheWeek.com's editor-at-large. He is the author, with D.B. Grady, of The Command and Deep State: Inside the Government Secrecy Industry. Marc is also a contributing editor for The Atlantic and GQ. Formerly, he served as White House correspondent for National Journal, chief political consultant for CBS News, and politics editor at The Atlantic. Marc is a 2001 graduate of Harvard. He is married to Michael Park, a corporate strategy consultant, and lives in Los Angeles.