Armed Conflict
Courts & Litigation
Criminal Justice & the Rule of Law
Cybersecurity & Tech
Executive Branch
Foreign Relations & International Law
Intelligence
USG Filing in NYT/ACLU SDNY FOIA Suit Re Targeted Killings
Here is the Government’s brief in support of its summary judgment motion in response to requests by the NYT and ACLU for records on targeted killings, especially with regard to U.S. citizens. This is the brief for which the USG has sought and received several deadline extensions -- extensions necessitated by extensive internal deliberations that led some to think the USG might be changing its policy on disclosure in this context.
Published by The Lawfare Institute
in Cooperation With
Here is the Government’s brief in support of its summary judgment motion in response to requests by the NYT and ACLU for records on targeted killings, especially with regard to U.S. citizens. This is the brief for which the USG has sought and received several deadline extensions -- extensions necessitated by extensive internal deliberations that led some to think the USG might be changing its policy on disclosure in this context. However, while on a quick read the brief might say a bit more than had been previously acknowledged about DOD and targeted killing (I cannot yet tell), on the whole it continues the government's hard line against FOIA disclosure in this area, especially with regard to CIA. Commentary later.
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.