A recent Freedom of Information Act response issued by the War Department raised significant questions about the government’s obligations under FOIA, after officials refused to conduct even a basic email search tied to allegations surrounding the so-called “Immaculate Constellation” program.
The request, filed by The Black Vault and assigned case number 25-F-3827, seeks discovery of emails sent to or from Maj. gen. Derek J. O’MalleyDirector of Special Programs and Director of the Department of Defense Special Access Program at the Central Office, for communications containing the phrase “Immaculate Constellation.” The request clearly asks for both classified and unclassified records.
In its final response dated January 26, 2026, the Office of the Secretary of War/Joint Staff stated that no search would be conducted. According to the letter, “The search was not conducted because they confirmed that the subject itself did not exist, and an extensive search of the custodian’s email did not yield responsive records.”
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The justification offered by the War Department rests entirely on the premise that since the alleged Special Access Program does not exist, the records referring to it do not exist either. That position appears unique within FOIA practice, where agencies are generally expected to conduct searches for records that respond to the wording of a request, even if the subject later proves to be inaccurate, baseless, or false.
Allegations, Denials, and Congressional Attention
The phrase “Immaculate Constellation” entered the public record in late 2024 after the submission of a document by Congresswoman Nancy Mace, during the “Unidentified Anomalous Phenomena: Exposing the Truth” hearing held on November 13, 2024. NewsNation investigation examining claims that his whistleblower allegations about unknown anomalous events were ignored by government agencies.
Journalist Michael Shellenbergerwho testified at the UAP hearing in November 2024, also submitted extensive testimony about the Immaculate Constellation and the UAP topic in general.
Similarly, the Office of the Director of National Intelligence released a one-page, unclassified document under the FOIA lawsuit DF-2025-00021clearly answering the allegation. That document summarizes press reporting on the alleged unidentified SAP and includes an unequivocal denial from the Department of Defense.
“The Department of Defense has no record, current or historical, of any type of SAP called ‘IMMACULATE CONSTELLATION’,” DoD spokeswoman Sue Gough stated in the document.
The ODNI record itself exists because the allegation circulated publicly and required internal documentation and investigation. The document also noted that the press reported that the issue will be raised during the open hearings of the All-domain Anomaly Resolution Office in November 2024.
Denial of Government Existence Does Not Exclude FOIA Obligations
The central issue raised in FOIA case 25-F-3827 is not whether the alleged “Immaculate Constellation” program exists, but whether the government can refuse to process a FOIA request based solely on its own assertion that the subject is fictitious.
In its response, the War Department stated that because the alleged Special Access Program “does not exist,” an email search would not yield responsive records and therefore was not conducted. That reasoning conflates the government’s position on the validity of an allegation with the separate obligation under FOIA to seek records that respond to the language of a request.
FOIA does not require a requester to prove that an allegation is true, nor does it allow agencies to deny a search simply because they believe a claim is false. Federal agencies often create and keep records that deal with inaccurate reports, rumors, hoaxes, or media-driven allegations, even if these allegations are ultimately disproved. Those records may include internal emails responding to press coverage, coordinating official denials, informing senior leadership, or checking whether an allegation requires follow-up. The potential falsity of an underlying claim does not negate the existence of records addressing the claim itself, nor does it relieve an agency of the obligation to seek them out.
The Office of the Director of National Intelligence’s one-page release on “Immaculate Constellation” describes this discrepancy. While the document clearly denies the existence of the alleged SAP, it nonetheless documents internal knowledge of the allegation, summarizes press reporting, and records official responses. The existence of that record indicates that even if a program is denied, responsive records addressing the allegation itself can and do exist.
That difference is directly related to the War Department’s handling of case 25-F-3827. The request does not seek confirmation that the “Immaculate Constellation” is real. It searches for emails containing a specific phrase, which is language that has made its way into official government documentation, congressional submissions, press reporting, and interagency discourse. The refusal to conduct a search on the grounds that the subject is alleged to not exist avoids the core procedural requirements of the Freedom of Information Act.
Differentiating Agencies’ FOIA Responses
The War Department’s refusal to conduct a search also stands in stark contrast to how other agencies handle similar requests.
In December 2024, the Black Vault received a response from the National Security Agency to a FOIA request seeking records related to the USAP’s “alleged ‘Immaculate Constellation.’
“For the reasons described below, we cannot confirm or deny the existence or non-existence of these records,” the NSA wrote, adding that “The fact of the existence or non-existence of the materials you request is a current and properly classified matter.”
The NSA further noted that it is “standard response to all requests where we reasonably believe the request seeks intelligence records or records revealing intelligence-related activity involving UFOs/UAPs.”
While Glomar’s responses themselves are controversial, they nonetheless demonstrate recognition of the FOIA’s requirement to respond to requests through established exemption frameworks. The War Department’s approach, by contrast, went beyond a search process based entirely on a statement about the non-existence of the subject.
Why Diversity Matters
The main issue raised in FOIA case 25-F-3827 is not whether the “Immaculate Constellation” is real. This is when an agency can refuse to search records simply because it believes an allegation is false.
FOIA does not allow agencies to prejudge the outcome of a search and refuse to conduct it on that basis alone. Records dealing with false claims, responding to media accounts, or coordinating official denials are still records. Some may be classified, some free, and some releasable, but the search itself is a basic requirement.
By stating that “An extensive search of the custodian’s email yielded no responsive records,” by not conducting that search, the War Department effectively substituted a presumption for a determination of the records. That approach risks undermining the transparency mechanisms FOIA is designed to implement, particularly in areas involving secrecy, special access programs, and public controversy.
The response letter leaves the door open for further action, inviting additional “events or information related to the file” that may justify the search. However the existence of ODNI records, NSA letters, congressional submissions, and extensive press coverage already show that the “Immaculate Constellation” was discussed at senior levels of government, regardless of its true basis, thus paving the way for The Black Vault to submit an appeal of their initial decision not to comply with the request.
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