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FBI Moves To Keep Records Secret, Says Release Could Endanger Lives

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FBI Moves To Keep Records Secret, Says Release Could Endanger Lives

FBI Moves To Keep Records Secret, Says Release Could Endanger Lives

  • The United States Federal Bureau of Investigation (FBI) has asked a federal court in Washington to allow it to secretly justify withholding portions of its records on President Bola Tinubu, saying disclosure could expose sensitive investigative methods and endanger individuals.

  • The agency wants to submit its fuller explanation behind closed doors and under seal, arguing that publicly disclosing the reasons for withholding the records could itself reveal the very law-enforcement information it is seeking to protect.

  • The records at the centre of the dispute include the FBI’s file on Tinubu and Form 302 interview reports from a 1992–1993 investigation, which have been sought under the US Freedom of Information Act (FOIA).

  • The latest move follows a 2025 ruling in which a US judge rejected the FBI and Drug Enforcement Administration’s attempt to use a “Glomar” response to neither confirm nor deny the existence of records concerning Tinubu, forcing the agencies to confront the disclosure issue directly.

August 21, () — The United States Federal Bureau of Investigation (FBI) has moved to keep portions of its long-sought records on President Bola Tinubu secret, asking a federal judge to allow it to explain behind closed doors why the documents should not be fully disclosed.

The FBI, in a motion filed on Thursday, August 20, 2026, before the US District Court for the District of Columbia, said releasing some of the records could expose sensitive law-enforcement techniques and endanger the lives or physical safety of individuals.

Rather than put the full explanation in the public court record, the agency wants to provide the information directly to Judge Beryl Howell ex parte and in camera — meaning the judge would examine the material privately and under seal.

The FBI said its public filings could not adequately explain the full basis for invoking two of the Freedom of Information Act exemptions without risking disclosure of the sensitive information those exemptions are designed to protect.

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The agency specifically cited FOIA Exemptions 7(E) and 7(F), which respectively protect certain law-enforcement techniques and information whose disclosure could reasonably be expected to endanger an individual’s life or physical safety.

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The FBI said it intends, if permitted by the court, to submit the confidential declaration by August 28.

Tinubu File, 1992–1993 Interview Reports At Centre Of Fight

The latest development is part of a years-long legal battle over US government records relating to a drug investigation dating back to the early 1990s.

earlier reported that the case was instituted by Aaron Greenspan, founder of PlainSite, a US legal transparency platform, who has pursued records from several federal agencies concerning investigations involving four individuals, including Tinubu.

Greenspan submitted 12 FOIA requests to six US federal agencies between 2022 and 2023.

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Among the documents sought are the complete FBI file on Tinubu and FBI Form 302 interview reports relating to a case from 1992 and 1993.

The requests also concern Lee Andrew Edwards, Mueez Abegboyega Akande and Abiodun Agbele.

The controversy has its roots in a Chicago-based investigation from the early 1990s involving allegations of heroin trafficking and related financial activities.

For years, US agencies resisted Greenspan’s efforts to obtain the records.

At various stages, the agencies issued what is known as a Glomar response, declining to confirm or deny whether records responsive to the requests existed.

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Greenspan challenged the position administratively and eventually took the matter to court after the Justice Department’s Office of Information Policy upheld the agencies’ refusals.

Court Rejects FBI, DEA’s ‘Glomar’ Defence

The dispute suffered a major setback for the US government in April 2025 when Judge Howell rejected the FBI and DEA’s continued reliance on the Glomar response concerning records linked to Tinubu.

The ruling required the agencies to search for and process responsive records instead of simply refusing to acknowledge whether such records existed.

The decision, however, did not amount to an order for the wholesale release of every record in the government’s possession.

The agencies remained entitled to invoke specific FOIA exemptions where particular portions of documents were legally protected. It is that distinction that has brought the FBI back before Howell with its latest application.

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The bureau is now asking the judge to privately examine the information supporting its decision to withhold portions of the records. The FBI’s argument is that it cannot fully disclose its reasoning publicly because doing so could defeat the very protections it is invoking.

Why The FBI Wants A Secret Explanation

Back view of three FBI agents wearing dark jackets with bold yellow 'FBI' letters, walking away in an outdoor setting.
The agency wants to submit its fuller explanation behind closed doors and under seal arguing that publicly disclosing the reasons for withholding the records could itself reveal the very law enforcement information it is seeking to protect

Under US FOIA law, Exemption 7(E) protects certain law-enforcement information where disclosure could reveal investigative techniques, procedures or guidelines in a manner that could assist individuals in circumventing the law.

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Exemption 7(F), meanwhile, protects law-enforcement information where disclosure could reasonably be expected to endanger an individual’s life or physical safety.

The FBI has invoked several exemptions in the wider records dispute, including provisions relating to personal privacy, confidential sources, investigative techniques and safety. But the agency says the public record does not provide sufficient scope for it to explain fully the application of Exemptions 7(E) and 7(F).

Its proposed solution is to give Howell a confidential declaration containing the details it says cannot safely be disclosed publicly.

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Fresh Twist In Long-Running Tinubu Records Battle

The FBI’s latest filing comes as the Justice Department faces a court-imposed deadline in the continuing disclosure battle. The department had sought a 10-day extension to respond to an earlier court order, but Howell granted only four additional days. The deadline was subsequently fixed for August 21.

Tinubu’s lawyers later joined the government’s request for additional time, but the longer extension was not granted.

The latest FBI application therefore represents another attempt by the government to defend the withholding of portions of the records while complying with the court’s directive to process documents responsive to Greenspan’s FOIA requests.

The filing was publicised on X by Von Batten-Montague-York, a Washington-based lobbying firm recently retained by African Democratic Congress (ADC) presidential candidate, Atiku Abubakar.

The development is politically significant coming less than a year before Nigeria’s 2027 presidential election, with Tinubu seeking a second term and Atiku emerging as a major opposition figure.

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