American Civil Liberties Union

On Friday, the ACLU appeared before the 2nd Circuit Court of Appeals in New York to argue that the Freedom of Information Act (FOIA) requires the CIA to release documents describing its use of waterboarding. The simple question at the heart of the hearing was this: is waterboarding an "intelligence method" that can be protected from disclosure under FOIA? We argued that the answer — of course not — is easy because even the president himself has declared that waterboarding is illegal. Exposing official misconduct to public scrutiny is the chief purpose of FOIA. But it cannot serve that purpose if even officially confirmed illegality is protectable.

Artist's Work Keeps Human Realities of Torture Alive

Last autumn, Rajkamal Kahlon, a Berlin-based American artist, joined the ACLU as an artist-in-residence. Working out of our New York headquarters, Kahlon furthered an on-going project of hers called Did You Kiss the Dead Body? Visualizing Absence in the Archive of War. This week, she launched a new website compiling her stunning original images as well as texts and interviews with ACLU staff: DidYouKissTheDeadBody.com.

In April 2011, the ACLU filed a Freedom of Information Act request seeking a narrow yet critically important set of government documents: internal CIA reports detailing the use of unauthorized interrogation techniques at its secret overseas prisons, also known as “black sites” (you can read the request here). Investigative news coverage and earlier FOIA requests had alerted us to the potential existence of many such reports. Most notably, in August 2009 – in connection with a separate ACLU FOIA request – the government had released a partially-redacted version of one report, the Special Review: Counterterrorism Detention and Interrogation Activities (September 2001–October 2003).