He has been appointed by Federal Judge Alvin Hellerstein as one of two Special Masters to handle cases filed by workers who suffered respiratory illnesses as a result of cleaning up the World Trade Center site after the September 11, 2001 terror attacks.
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In late September, 2005, Federal Judge Alvin Hellerstein, though affirming the Glomar response ("can neither confirm nor deny") for some documents, found that the ACLU case for FOIA disclosure was stronger, and that the Glomar application to certain documents was not valid.
The "Glomar response" precedent still stood, and has since had bearing in FOIA cases such as in the recent American Civil Liberties Union v. Department of Defense, wherein Federal Judge Alvin Hellerstein rejected the Department of Defense and CIA's use of the Glomar response in refusing to release documents and photos depicting abuse at Abu Ghraib prison.