The government has "failed to provide any evidence that all 52 images, including those depicting bin Laden's burial at sea, pertain to 'foreign activities of the United States,' " the appeal argues. "Defendants also have failed to provide any evidence that images depicting the burial at sea actually pertain to 'intelligence activities.'

"Nor have they demonstrated that the release of images of a somber, dignified burial at sea reasonably could be expected to cause identifiable or describable exceptionally grave damage to national security."