Pentagon Flatly Refuses to Search Emails Linked to Secret 'Immaculate Constellation' Program

The Pentagon has refused to conduct a single email search related to the alleged 'Immaculate Constellation' programme, leaving journalists and FOIA experts stunned. A recent Freedom of Information Act request was effectively dismissed because, according to officials, the programme simply does not exist.

The request, filed by The Black Vault and assigned case number 25-F-3827, sought all emails sent to or from Maj. Gen. Derek J. O'Malley, Director of Special Programs and Director of the Department of Defense Special Access Program Central Office, that contained the phrase 'Immaculate Constellation.' This included both classified and unclassified records.

FOIA Request Rejected Without Search

In its response dated 26 January 2026, the Office of the Secretary of War/Joint Staff stated that no search would be conducted. 'A search was not conducted as they confirmed the subject matter itself does not exist, and an extensive email search on the custodian would not yield responsive records,' the letter read. The rationale effectively denies the request before any records could be reviewed, a move highly unusual within FOIA practice.

The phrase 'Immaculate Constellation' first entered the public record during a congressional hearing on Unidentified Anomalous Phenomena in November 2024. Congresswoman Nancy Mace submitted a document citing the alleged programme, which was later traced back to whistleblower Matthew Brown. Brown had claimed that government agencies ignored his reports on unidentified anomalous phenomena, a story later explored by NewsNation.

Journalist Michael Shellenberger also provided testimony at the hearing, detailing the potential implications of the programme and its link to UAP investigations. Meanwhile, the Office of the Director of National Intelligence released a short unclassified FOIA document summarising press reporting on 'Immaculate Constellation' and including a formal denial from the Department of Defense.

Government Denial Does Not Remove FOIA Duty

The key legal issue in case 25-F-3827 is not whether the alleged programme exists, but whether an agency may refuse a FOIA request solely because it believes the subject is fictitious. Under federal law, FOIA requests are based on the existence of records containing specific language, not on proving the truth of an allegation.

Even when claims are false, agencies often create emails and internal documents responding to press coverage, coordinating official denials, or briefing leadership. These records exist regardless of the factual accuracy of the underlying allegation. The ODNI's one-page document on 'Immaculate Constellation' shows that internal acknowledgment and documentation can exist even when a programme is formally denied.

Controversy Over Procedural Compliance

By declining to conduct any search, the Department of War sidestepped the procedural requirements of FOIA. Critics argue that refusing to search because a programme is claimed to be nonexistent conflates belief with legal obligation. The Black Vault's request focused on the phrase 'Immaculate Constellation,' which has already appeared in official submissions, media reports, and interagency discussions.

Experts note that the Department's approach could set a concerning precedent. If agencies may ignore FOIA requests based on subjective assessments of a programme's existence, transparency and accountability are weakened. The refusal in case 25-F-3827 leaves unanswered questions about how government entities document, track, and respond to sensitive or potentially controversial programmes, even when those programmes are denied outright.

In short, while the Pentagon insists 'Immaculate Constellation' does not exist, the FOIA request highlights a legal and procedural grey area. Internal records may exist simply to address the allegation, regardless of the programme's reality, yet the Department of War has chosen not to investigate. The refusal signals a bold, if contentious, interpretation of FOIA that will likely fuel ongoing debate about transparency in secretive government operations.