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Tag Archives: American Civil Liberties Union (ACLU)

CIA Files Reply Memo in Drone FOIA Case

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Saturday, November 2, 2013 at 9:07 PM

The CIA’s efforts to deny the ACLU’s FOIA requests for records about the Agency’s involvement in drone-based targeted killings continue apace in the U.S. District Court for the District of Columbia. The Agency filed a reply memorandum in favor of summary judgment  on the matter in D.D.C. on November 1. Lawfare readers may recall the March . . .
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The Solicitor General Responds to an EPIC Mandamus Effort

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Wednesday, October 23, 2013 at 12:00 PM

Having gained no purchase in federal district courts in countering NSA’s telephony metadata program, privacy activists are attempting a different strategy: taking the fight directly to the United States Supreme Court. Back in July, the Electronic Privacy Information Center (EPIC) filed a mandamus-or-certiorari petition with the high court, seeking review of the controversial April 2013 order by . . .
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Update in NYT v. Department of Justice

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Saturday, October 12, 2013 at 3:49 PM

Here is a quick update in New York Times v. Department of Justice.  That’s the Second Circuit case regarding the DOJ’s responses to Freedom of Information Act requests, filed by the New York Times and American Civil Liberties Union and seeking documents relating to the government’s targeted killing program. At oral argument, Judge José Cabranes had ordered . . .
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The NSA, Oversight, the Law, and Why Compliance is the Ball Game

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Friday, September 27, 2013 at 9:22 AM

For the Senate Intelligence Committee hearing yesterday, I prepared a written statement for the record, and I had intended merely to summarize that statement in my oral presentation. Two things happened that caused me to tear up my remarks and speak more extemporaneously. One was that Chairman Feinstein’s opening statement, in which she gave an . . .
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Constitution Day Event at Georgetown on Surveillance Law

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Monday, September 23, 2013 at 8:02 PM

I was honored to moderate a panel at Georgetown Law on Constitution Day, entitled “A Constitutional Conversation: The Foreign Intelligence Surveillance Act in a Digital Era.” The panel, composed of Georgetown Law Professors Carrie Cordero, Laura Donohue, and Marty Lederman, focused on the FISA surveillance programs leaked by Edward Snowden and described in recently-declassified FISA materials, . . .
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A Recap of Friday’s Oral Arguments in Al-Aulaqi v. Panetta

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Friday, July 19, 2013 at 7:22 PM

Despite the day (TGIF!), the weather (95 degrees and rising), and other developing national security news, the E. Barrett Prettyman Courthouse security checkpoint was brimming with people primed to hear oral arguments on the defendants’ motion to dismiss in Al-Aulaqi v. Panetta. This being Washington in the summer, interns were predictably everywhere: at the defendants’ . . .
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USG Brief in CA2 Targeted Killing FOIA Case

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Monday, June 17, 2013 at 8:44 AM

Last Friday the government filed this brief in CA2  in the NYT’s and ACLU’s appeal in the case involving FOIA requests  on targeted killing. (Here is our account of the decision below, which the government largely won, and here is the ACLU brief on appeal).  I’m headed for vacation this morning and don’t have time . . .
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John Bellinger on “Drones and the Rule of Law and War”

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Thursday, May 2, 2013 at 11:52 AM

The Bipartisan Policy Center in Washington, DC hosted an excellent discussion yesterday on targeted killing in which “[p]anelists evaluated issues like the current frameworks regarding the use of drones, the ramifications of a ‘drone court,’ the targeting of U.S. citizens abroad, and whether Congress should examine what these policies mean for the country.” John Bellinger spoke at . . .
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STOCK Act: NAPA Recommends Congress “Indefinitely Suspend” Requirement for Internet Posting of Financial Disclosure Forms

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Thursday, March 28, 2013 at 6:17 PM

Today, a National Academy of Public Administration (NAPA) task force released a report mandated by Congress on the risks posed by Section 11 of the STOCK Act, which would require Internet publication of the financial disclosure forms of 28,000 senior executive officials and flag officers.  The NAPA panel concludes that the risks of Internet publication outweigh any . . .
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CMCR Denies Mandamus in Military Commission Media Access Cases

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Thursday, March 28, 2013 at 12:18 PM

Wells blogged previously about the efforts of various media groups and the ACLU to seek mandamus review before the Court of Military Commission Review (CMCR), challenging the scope of the protective order (which covers, among other things, the 9/11 trial) to the extent it bars press and public access to the proceedings even where there . . .
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The ACLU’s Limited Victory in the D.C. Circuit FOIA Case

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Friday, March 15, 2013 at 3:11 PM

Judge Garland’s persuasive opinion in the ACLU FOIA case is important but narrow, and its significance for intelligence community transparency is entirely unclear. Recall that the CIA had refused to respond to the ACLU request for records pertaining to drone strikes.  The CIA’s justification for this Glomar response was that “[a]n official CIA acknowledgment that confirms or denies the . . .
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D.C. Circuit Rejects Glomar Response in ACLU/CIA Drone FOIA Suit

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Friday, March 15, 2013 at 10:21 AM

Pretty big decision by the D.C. Circuit this morning, reversing the district court’s dismissal of the ACLU’s drone-related FOIA suit against the CIA on the ground that the Agency’s “Glomar response” was not justified. (Jack previewed and Wells recapped the oral argument back in September.) As Chief Judge Garland wrote for the court, Given [the various] . . .
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Bob Loeb: A Word of Appreciation

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Thursday, March 7, 2013 at 8:16 AM

I don’t normally—or ever, really—write posts based on law firm press releases. But I’m going to make an exception this time for this announcement by Orrick, Herrington & Sutcliffe about Robert Loeb: Washington, D.C., – Orrick, Herrington & Sutcliffe LLP announced today that Robert (“Bob”) M. Loeb, the former Acting Deputy Director of the Appellate Staff of . . .
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In Defense of the Administration on Targeted Killing of Americans

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Wednesday, February 27, 2013 at 10:00 AM

In writing my testimony for today’s House Judiciary Committee hearing on drones and targeted killing of U.S. citizens overseas, I found myself writing a more complete explication of the essential legal rationale underlying the administration’s position on the subject than I have, to date, set down in one place. Some of it was drawn from . . .
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The Significance of DOJ’s Weak Response to Rogers’ Acknowledgment of CIA Drone Strikes

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Friday, February 15, 2013 at 10:09 AM

In an interview last weekend, Congressman Mike Rogers, the Chairman of the House Intelligence Committee, gave unambiguous acknowledgment of CIA involvement in drone strikes.  The ACLU attached the interview in a letter to the D.C. Circuit in connection with its FOIA request to CIA for documents about CIA involvement in targeted killing by drone strikes.  The Obama . . .
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Context for Judicial Oversight of the Targeted Killing Program: A Brief History of the Creation of the Foreign Intelligence Surveillance Court

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Thursday, February 14, 2013 at 7:41 AM

Recent events have accelerated a discussion focused around creating a special court to oversee the execution of targeted killings against suspected terrorists. Some Lawfare contributors have weighed in on the idea (see here for Steve’s argument against such a court, here for Jack’s views in comparison with those of the ACLU, and here for Bobby’s . . .
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Congressman Rogers on Congressional (and Personal) Oversight of the Obama Drone Program and USG Involvement in Al-Awlaki Strike; and the Implications for the ACLU FOIA Cases [UPDATED]

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Tuesday, February 12, 2013 at 9:46 AM

Congressman Mike Rogers, the Republican Chairmen of the House Intelligence Committee, revealed Sunday on Face the Nation much more than I had previously known about the nature and scope of congressional intelligence committee oversight of the drone program.  He also appears to have given the clearest official confirmation of U.S. involvement in the drone strike . . .
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ACLU Opposes FISA-Like Judicial Review of Drone Strikes

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Saturday, February 9, 2013 at 11:42 AM

The most interesting element in Scott Shane’s interesting story on the growing pressure for a Court to vet drone strikes (which quotes Bobby several times) is that the ACLU opposes it.  Shane says that Hina Shamsi of the ACLU (these are Shane’s words) “said that a drone court would be a step backward, and that extradition and . . .
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Confusion about “Imminence” and Targeted Killings

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Wednesday, February 6, 2013 at 11:27 AM

The central substantive issue, legally and morally, in the administration’s Targeted Killing White Paper is how the concept of an “imminent threat” should be understood. This is where much of the debate is going to focus. Already, outrage from American critics has been directed to this point, as in the response from Jeff Rosen and, . . .
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More on Targeted Killing White Paper

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Wednesday, February 6, 2013 at 7:05 AM

I agree with Ben and Susan that there is little new of substance (but more detail) on imminence and other issues in the DOJ White Paper on targeted killing, and I said as much in my reaction to the White Paper in The New Republic.  But I disagree with their claim that the White Paper . . .
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