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ACLU Reply Brief in D.C. Circuit Drone FOIA Case

Jack Goldsmith
Tuesday, June 5, 2012, 9:28 AM
The ACLU has filed its reply brief in the D.C. Circuit in its FOIA case against the government, which seeks information about CIA use of drones for targeted killing.   I have discussed this case briefly here and here (the ACLU reply brief refers to these posts) and I will try to say more before oral argument.

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The ACLU has filed its reply brief in the D.C. Circuit in its FOIA case against the government, which seeks information about CIA use of drones for targeted killing.   I have discussed this case briefly here and here (the ACLU reply brief refers to these posts) and I will try to say more before oral argument.  Jefferson Morley at Salon refers to my second post, and its tentative support for the ACLU position, as evidence of “another right-wing drone skeptic.”  For the record, I am not a particular drone skeptic, and indeed have written in defense of the legality of the USG’s use of drones.  But I am a secrecy skeptic, in this context and others, especially when the government manipulates secrecy rules opportunistically.  It seems to me that the long-term legitimacy and efficacy of the USG’s expansive use of drones depends on maximum possible public scrutiny of their use.

Jack Goldsmith is the Learned Hand Professor at Harvard Law School, co-founder of Lawfare, and a Non-Resident Senior Fellow at the American Enterprise Institute. Before coming to Harvard, Professor Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003.

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