Pentagon Rejects FOIA Request for "Immaculate Constellation" Emails, Citing Non-Existence of Program

The Department of Defense has refused to conduct an email search related to the alleged "Immaculate Constellation" program, a decision raising questions about standard Freedom of Information Act (FOIA) practices. The request, filed by The Black Vault, sought communications to or from Major General Derek J. O’Malley, Director of Special Programs, containing the phrase "Immaculate Constellation." The Pentagon's Office of the Secretary of War/Joint Staff stated in its January 26, 2026, response that no search would occur because "the subject matter itself does not exist."

This rationale is unusual in FOIA contexts, where agencies typically perform searches for requested records regardless of the perceived accuracy of the subject matter. The "Immaculate Constellation" phrase gained public attention in late 2024 through a document submitted by Congresswoman Nancy Mace during a congressional hearing on Unidentified Anomalous Phenomena (UAP). This document, authored by Matthew Brown, detailed whistleblower allegations ignored by government agencies. Journalist Michael Shellenberger also provided extensive testimony on the topic during the same hearing.

The Office of the Director of National Intelligence previously released an unclassified document addressing the "Immaculate Constellation" allegations, which included an explicit denial from the Department of Defense. The DoD maintains that it has no record, present or historical, of any Special Access Program (SAP) by that name. The refusal to search emails, despite public discussion and congressional attention surrounding the alleged program, highlights a potential divergence from typical FOIA compliance expectations.