FOIA

First the 'targeted killing' campaign, then the targeted propaganda campaign

By Jameel Jaffer, Deputy Legal Director, ACLU & Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 11:10am

Originally posted on The Guardian.

A story in last week's New York Times painted a remarkably detailed picture of the US government's so-called "targeted killing" campaign, a campaign that involves the use of unmanned aerial vehicles (drones) to kill suspected insurgents and terrorists and, it turns out, many, many others, as well. The story, written by Jo Becker and Scott Shane, discussed the CIA's choice of munitions, its efforts to avoid civilian casualties, and its method for calculating the number of civilians killed in any given strike. The story also underscored the extent to which President Obama himself is involved in overseeing the campaign – and even in selecting its targets.

New Call for Internal DOJ Investigation of FBI’s Targeting of Religious and Ethnic Groups for Intel Gathering

By Ateqah Khaki at 3:02pm

Today we sent a letter to the Department of Justice Inspector General asking him to investigate the FBI’s improper collection of intelligence about American Muslim, Arab, Middle Eastern, and South Asian communities, and compilation of records describing community members’ First Amendment protected speech and activities in violation of the Privacy Act.

Calling Out the CIA for Its Secrecy Game on Targeted Killing

By Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 6:21pm

Today Andrew Rosenthal of The New York Times published a thoughtful column discussing the untenable position taken by the government in response to the ACLU's two Freedom of Information Act lawsuits seeking information about the CIA's targeted killing drone strike program, including its targeting of U.S. citizens. As Rosenthal explains, "the government is blocking any consideration of these petitions with one of the oldest, and most pathetic, dodges in the secrecy game. It says it cannot confirm or deny the existence of any drone strike policy or program."

Drone Strikes Filing Today: Appealing the CIA's Attempt to Hide the Worst-Kept Secret in the World

By Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project at 3:17pm

Today the ACLU filed its appeal brief in a Freedom of Information Act lawsuit seeking records about the CIA's use of drones to carry out targeted killings around the world. Like in our separate FOIA case seeking information about the legal and factual basis for the targeted killing of U.S. citizens, the CIA takes the position in this lawsuit that it can neither confirm nor deny whether it has a drone strike program at all. This is despite the fact that the Departments of Defense, State, and Justice all responded that they do in fact have documents on the program. As we told the court today, the CIA's position is simply untenable.

Trashing Transparency

By Nasrina Bargzie, National Security Project at 10:27am

In November 2005, U.S. marines in Iraq were involved in the killing of 24 civilians—including women and children. Shortly after the story became public, the ACLU filed a Freedom of Information Act (FOIA) request for all documents related to the incident and other civilian casualties of the wars in Iraq and Afghanistan. Although we received thousands of documents in response, the government did not give us a single document relating specifically to the killings at Haditha.

Unmasking "Secret Law": New Demand for Answers About the Government's Hidden Take on the Patriot Act

By Jameel Jaffer, Deputy Legal Director, ACLU at 11:28am

Today the ACLU filed a Freedom of Information Act (FOIA) request demanding that the Justice Department release information about the government's use and interpretation of Section 215 of the Patriot Act.

No Death Left Behind: House Judiciary Committee Approves the Death in Custody Reporting Act

By David Shapiro, ACLU National Prison Project at 12:29pm

Two years ago, the Department of Homeland Security (DHS) had no idea how many immigration detainees had died on its watch. Yes, you read that right. In 2009, DHS had simply lost track of the number of immigrants who had died in the detention centers that it operates. It wasn’t until the ACLU brought a lawsuit under the Freedom of Information Act that the government finally launched an investigation to uncover the real death toll.

ACLU Files Lawsuit for Info on Alleged Bush-Era Operation to Discredit Blogger & Professor Juan Cole

By Suzanne Ito, ACLU at 3:39pm

Today we filed a lawsuit to enforce a Freedom of Information Act (FOIA) request seeking any information pertaining to University of Michigan Professor Juan Cole.

Last month, The New York Times reported that Bush administration officials attempted to "gather sensitive information" to discredit Professor Cole because he was a vocal critic of the Iraq War and the Bush administration on his blog, Informed Comment. Glenn Carle, a former CIA agent, alleged in the Times article that he had seen a memo written by his supervisor, David Low, intended for the White House that contained "derogatory details" about Professor Cole.

ACLU Sues for Info on Bagram Detainees

By Suzanne Ito, ACLU at 1:52pm

This morning, we filed a lawsuit to enforce our April 2009 Freedom of Information Act (FOIA) request for information about Bagram detainees. We're looking for basic information, such as how many people are imprisoned at Bagram, who they are, how long they’ve been detained, and where and under what circumstances they were captured. We are also requesting records about the rules and policies that govern Bagram detentions, the process for prisoners to challenge their detention, and the conditions of confinement. So far, the agencies we requested the information from—the Departments of Justice, State, Defense and the CIA—have been less than forthcoming.

Emptying One Black Hole to Fill Another

By Suzanne Ito, ACLU at 5:24pm

Yesterday, the Justice Department filed a brief (PDF) with the D.C. Court of Appeals asserting that detainees in U.S. custody at Bagram Air Force Base in Afghanistan have no right to challenge their detention in American courts.

Sound familiar? In early December 2007, Bush Justice Department lawyers made the same argument, except they were arguing that Guantánamo detainees didn't have these rights. The Supreme Court disagreed: in the landmark Boumediene v. Bush decision, the high court found that detainees in U.S. custody at Guantánamo did have the right to challenge their detention.

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