NSA keeps an ‘Immaculate Constellation’ FOIA appeal inside Glomar

The Black Vault reports that NSA denied its appeal of a December 2024 Freedom of Information Act response concerning the alleged Immaculate Constellation program. NSA maintained a Glomar position: it would not confirm or deny whether responsive intelligence records exist, citing classified and statutorily protected intelligence information. The agency also said this is its standard response when a request seeks intelligence records or intelligence-related UAP activity.

That position can coexist with the Department's public statement that it has no present or historical record of a special-access program called Immaculate Constellation. An agency might hold correspondence or reporting about an allegation without the alleged program existing, and Glomar reveals neither possession nor non-possession. The congressional publication of the whistleblower-origin report is verified; the program, imagery, databases, and extraordinary claims remain unverified.

Why it matters

The appeal demonstrates why a records-law refusal should not be converted into confirmation—and why asking whether records discuss an allegation is different from proving the alleged program exists.

What the source establishes

Verified FOIA correspondence and appeal reporting. NSA's refusal is not a yes, while the Department's denial and the published allegation do not independently resolve the underlying claim.