Targeted Killing: Litigation

Latest in Targeted Killing: Litigation

Targeted Killing

Document: Judge Allows "Kill List" Lawsuit to Go Forward

Judge Rosemary Collyer of the U.S. District Court for the District of Columbia today issued a ruling that will allow a lawsuit challenging aspects of the targeted killing program to go forward. Granting the government's motion to dismiss in part and denying it in part, Judge Collyer held that one of the two plaintiffs will be able to proceed with his claims that the alleged addition of his name to the "kill list" violated his rights. Notably, she found that the case did not present a nonjusticiable political question.

Secrecy: FOIA

ACLU Releases Letter in ACLU v. CIA Regarding Disclosures in Gen. Hayden's New Book

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, which according to the book's description, covers Hayden's role in the CIA's targeted-killing program, the expansion of that program, and the campaign's effectiveness in countering terrorism.

Covert Action

Waiving the "Imminent Threat" Test for CIA Drone Strikes in Pakistan?

[Update: Ryan Goodman has an excellent post here noting that a January 2013 WaPo article anticipated that CIA would get a waiver for Pakistan ops, albeit not necessarily a waiver specific only to the imminent-threat-to-US-persons rule.]

Adam Entous has an important story in the Wall Street Journal tonight, one that I suspect will get a lot of attention Monday morning.

Targeted Killing

Drone Strike Errors and the Hostage Tragedy: Mapping the Issues in the Newly-Catalyzed Debate?

The use of lethal force (whether via armed drone, manned aircraft, cruise missile, helicopter assault, etc.) has been a cornerstone of U.S. counterterrorism policy for many years, both in places where we have ground combat deployments and places where we do not. Throughout this period, the legality, efficacy, wisdom, and morality of this practice has been the subject of intense scrutiny and debate. Nonetheless, the kinetic option has proven remarkably durable over time (especially as compared to its sibling, the use of non-criminal detention).

Targeted Killing: Litigation

More Machinations in Second Circuit Targeted Killing FOIA Litigation

The release last month of the Al-Aulaqi Office of Legal Counsel memo, it turns out, was not the end of the Second Circuit litigation regarding the New York Times and ACLU’s FOIA requests for information on the government’s targeted killing programs. A petition for rehearing en banc is still pending. And yesterday, the Justice Department, the Pentagon, and the CIA filed a motion for leave to submit ex parte classified and privileged supplemental declarations in support of their petition for rehearing.

Targeted Killing: Drones

A Clue About the Origins of "Imminence" in the OLC Memo?

There's a lot to discuss about the OLC memo on the al-Aulaqi strike---including, as Ben mentioned yesterday, the origins and significance of "imminence."  (There's also excellent analysis over at Just Security, which I recommend to interested readers.)

Throughout the OLC memo's 41 pages, the much-scrutinized term appears several times, often as part of a phrase: "continue

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