Bill Sommerfeld says:
Someone who's had dealings with the NSA and State over these issues saw some memos, but was not allowed to make copies of them, which indicated that State's lawyer's were very concerned that an ITAR case involving software *not* ever reach the courts, because they felt the government's case was very weak and that a probable loss would be a serious setback in other areas.
Is there any chance that these memos would be subject to release under the FOIA?
Probably. They would probably make excellent ammo in an ITAR lawsuit if they actually existed and State actually "found" them in fulfilling the FOIA request. I would suggest that someone with experience in directing FOIA requests get details from Tim and then try to extract the memos in question. Perry