CIA doesn't have to release legal memos on targeted killings by drones, DC Circuit rules
A federal appeals court has ruled the CIA doesn’t have to release legal memos on targeted drone killings and doesn’t have to disclose records identifying those who were targeted or killed.
The U.S. Court of Appeals for the D.C. Circuit ruled (PDF) on Thursday in a freedom of information suit by the American Civil Liberties Union. The appeals court upheld a grant of summary judgment to the CIA after reviewing a classified affidavit by the agency.
The affidavit “amply demonstrates” that the undisclosed information pertains to intelligence activities and foreign activities, and that disclosure could reasonably be expected to damage national security, the appeals court said in its unpublished, per curiam opinion.
There was no need for the district court to conduct an in camera review of the documents because CIA affidavits establish the records were properly classified, the appeals court said.
The CIA had initially refused to confirm or deny the existence of the records sought by the ACLU. That led the D.C. Circuit to require the agency to file an index of drone documents with the lower court. The author of that May 2013 opinion was Judge Merrick Garland, who has been nominated to the U.S. Supreme Court.
The CIA then identified 12 legal memoranda and thousands of records about the drone killings, but agreed to release only a redacted white paper by the Justice Department. The appeals court said the CIA’s initial refusal to confirm or deny existence of the records “presents an insufficient reason to doubt the veracity of the agency’s current assertions about the contents of the records and their classified status.”
Hat tip to @MikeScarcella.
Related article:
ABAJournal.com: “DC Circuit requires CIA to give some drone strike information to judge in ACLU lawsuit”
See also:
ABAJournal.com: “2nd Circuit rules Justice Department doesn’t have to disclose additional drone-strike memos”
