Terrorism
The Friendliest Lawsuit Ever Filed Against the Justice Department
Benjamin Wittes Sat, Aug 12, 2017, 7:29 AM
There is reason to believe President Trump lied before Congress in February. I sued to find out.
Latest in Secrecy: FOIA
Executive Power
What’s the Legal Basis for the Syria Strikes? The Administration Must Acknowledge Limits on its Power to Start a War
Justin Florence Mon, May 8, 2017, 12:44 PM
Project Democracy has filed suit under the Freedom of Information Act to obtain the President's legal justification for his administration's strikes against a Syrian airbase.
Secrecy: FOIA
Messages Between U.S. Agencies and Foreign Governments Not Protected by FOIA Exemption 5, Sixth Circuit Rules
Michael Linhorst Tue, Mar 28, 2017, 3:00 PM
The Freedom of Information Act’s Exemption 5 does not shield communications between U.S. agencies and foreign government agencies, the Sixth Circuit Court of Appeals held on Friday in Lucaj v. FBI.
Secrecy: FOIA
FBI Can Withhold Sensitive FOIA Processing Records, DC District Court Rules
Michael Linhorst Thu, Mar 9, 2017, 11:00 AM
Documents the FBI creates when it processes a FOIA request can be withheld from future FOIA requests in certain sensitive cases, D.C. District Judge Randolph Moss ruled on Monday.
Secrecy: FOIA
Oral Argument Preview: CREW v. DOJ
David Ryan Mon, Nov 28, 2016, 12:00 PM
Does the Freedom of Information Act’s "reading room" provision require DOJ to prospectively disclose controlling legal opinions issued by the Office of Legal Counsel (OLC)—i.e., in the absence of a request for specific documents?
Secrecy: FOIA
Watermelons and National Security: Protecting U.S. Foreign Intelligence Collection from Unnecessary Disclosure
Daniel J. Rosenthal Mon, Aug 22, 2016, 10:16 AM
Despite the governement's failure to pursue the argument in court, a close reading of statute and legislative history shows that foreign intelligence collection under the Foreign Intelligence Surveillance Act is categorically exempt from disclosure under FOIA.
Secrecy: FOIA
FOIA Improvement Act of 2016 Becomes Law
David Ryan Fri, Jul 1, 2016, 7:00 AM
A brief overview of the newly enacted FOIA Improvement Act of 2016.
Secrecy: FOIA
VICE's Vice: Snowden Scoop Promises Fire, Doesn't Even Muster Smoke
Susan Hennessey Wed, Jun 8, 2016, 2:24 PM
I read 800 pages and an eleven thousand word VICE story so that you don't have to.
Secrecy: FOIA
ACLU Releases Letter in ACLU v. CIA Regarding Disclosures in Gen. Hayden's New Book
Cody M. Poplin Tue, Feb 16, 2016, 4:51 PM
Yesterday, the ACLU filed a letter in the ongoing case ACLU v. CIA regarding the release of former CIA Director Gen. Michael Hayden's autobiography.
Secrecy: FOIA
NYT v. DOJ, Part 2: Second Circuit Narrows Circumstances in Which Official Statements Waive FOIA Exemption 5 Protection
David Ryan Tue, Nov 24, 2015, 11:56 AM
The five-year targeted killing FOIA litigation by the ACLU and New York Times suffered a setback yesterday when the Second Circuit unsealed an opinion affirming an SDNY ruling from October 2014 allowing DOJ to withhold several OLC documents related to lethal targeting.