defendant’s Glomar response was justified. The plaintiff has not made a showing that would support the conclusion that the government acted improperly with respect to his rights under Brady, and has not established a public interest sufficient to invade the privacy of the third party. Oguaju, 378 F.3d. at 1116. On this record, there is no genuine dispute of material fact and the defendant is entitled to judgment as a matter of law. A final order accompanies this memorandum opinion. 1 . Such a response is commonly referred to as a "Glomar" response, named for the subject about which the CIA refused to confirm or deny the existence of any records because of what that would reveal. See Phillippi v. CIA, 546 F.2d 1009 (D.C.Cir.1976). 2 . 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963)
holding failure of prosecution to disclose evidence that may be favorable to the accused is a violation of the due process clause of the fourteenth amendment holding that suppression by the prosecution of evidence favorable to an accused  violates due process where the evidence is material either to guilt or to punishment irrespective of the good faith or bad faith of the prosecution holding that is a violation of due process for the prosecution to fail to disclose evidence favorable to an accused that is material to guilt or punishment holding that suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment holding that suppression by prosecutor of evidence favorable to an accused violates due process where evidence is material to either guilt or punishment