ACLU v. CIA - FOIA Case for Records Relating to Drone Killings
What's at Stake
In a Freedom of Information Act request filed on January 13, 2010, the ACLU asked the government to disclose the legal and factual basis for its use of predator drones to conduct “targeted killings” overseas. In particular, the ACLU sought to find out when, where, and against whom drone strikes can be authorized, and how the United States ensures compliance with international laws relating to extrajudicial killings.
Summary
VIEW ALL OF THE COURT FILINGS IN THE CASE HERE
The FOIA request was filed with the Department of Defense, the Department of Justice (including the Office of Legal Counsel), the Department of State, and the CIA. The Departments of Defense, Justice, and State responded by releasing some records and withholding others. The CIA denied the request by refusing to confirm or deny whether the CIA drone strike program even exists. The ACLU filed a lawsuit against the CIA in June 2010, arguing that the CIA’s response was not lawful because the CIA Director and other officials had already publicly acknowledged the existence of the CIA’s drone program. After the court ruled in favor of the CIA, the ACLU appealed to the D.C. Circuit Court of Appeals. In an important victory for transparency, in March 2013 the appellate court reversed the lower court’s decision by a 3-0 vote, ruling that the CIA could no longer deny its interest in the program. The Court of Appeals remanded the case to the district court, where the ACLU narrowed the request to certain categories of documents, including legal analysis and information about who is being killed. After the district court ruled the documents were properly classified, the ACLU appealed the decision in July 2015. The D.C. Circuit affirmed the judgment of the district court in April 2016.
See Documents Released Under this FOIA Request
Information on the ACLU’s other targeted killing cases
See documents released under all of the ACLU’s targeted killing FOIA requests
Legal Documents
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10/14/2016
Stipulation of Dismissal with Prejudice -
06/03/2016
Per Curiam Order Denying Government's Motion to Publish Opinion -
05/13/2016
ACLU Opposition to Gov't Motion to Publish Opinion -
05/11/2016
Gov't Motion to Publish Panel Opinion -
04/21/2016
Per Curiam Opinion -
04/20/2016
Gov’t FRAP 28(j) Letter re: President’s Speech at University of Chicago -
04/13/2016
ACLU FRAP 28(j) Letter re: President's Speech at University of Chicago -
03/18/2016
Gov't Response to ACLU 28(j) Letter -
03/14/2016
ACLU FRAP 28(j) Letter re: Lisa Monaco Remarks at Council on Foreign Relations -
02/15/2016
ACLU FRAP 28(j) Letter re: General Hayden Forthcoming Book -
12/17/2015
ACLU Reply Brief -
12/03/2015
Government Brief -
10/19/2015
ACLU Appeal Brief -
09/03/2015
ACLU Motion for Expedited Briefing
Date Filed: 10/14/2016
Court: Court of Appeals (D.C.)
Date Filed: 06/03/2016
Court: Court of Appeals (D.C.)
Date Filed: 05/13/2016
Court: Court of Appeals (D.C.)
Date Filed: 05/11/2016
Court: Court of Appeals (D.C.)
Date Filed: 04/20/2016
Court: Court of Appeals (D.C.)
Date Filed: 04/13/2016
Court: Court of Appeals (D.C.)
Date Filed: 03/18/2016
Court: Court of Appeals (D.C.)
Date Filed: 03/14/2016
Court: Court of Appeals (D.C.)
Date Filed: 02/15/2016
Court: Court of Appeals (D.C.)
Date Filed: 09/03/2015
Court: Court of Appeals (D.C.)
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07/29/2015
Notice of Appeal -
06/18/2015
Order Granting Defendant's Motion for Summary Judgment -
06/18/2015
District Court Opinion -
06/18/2015
District Court Order -
01/12/2015
CIA Reply Brief -
12/19/2014
ACLU Motion for Summary Judgment -
11/26/2014
CIA Memorandum in Support of Summary Judgment -
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11/26/2014
CIA Declaration (Lutz Declaration)
CIA Declaration (Lutz Declaration)Download DocumentDate Filed: 11/26/2014
Court: District Court (D.D.C.)
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11/26/2014
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11/26/2014
CIA Statement of Facts -
07/24/2014
ACLU Response to CIA Status Report -
07/19/2014
CIA Status Report -
06/05/2014
ACLU's Reply to CIA's Response re: Feb. 12, 2014 Notice of Supplemental Authority -
06/02/2014
CIA's Response to ACLU's Feb. 12, 2014 Notice of Supplemental Authority -
05/01/2014
ACLU's Opposition to CIA’s Motion to Stay Proceedings -
04/29/2014
CIA's Motion to Stay Proceedings -
04/22/2014
ACLU's Notice of Additional Authority -
02/12/2014
ACLU's Notice of Supplemental Authority re: DNI Clapper Acknowledgment of CIA Drones -
11/01/2013
CIA Reply Brief in Support of Motion for Summary Judgment -
09/13/2013
Plaintiff's Opposition to Defendants' Motion for Summary Judgment and Cross-Motion for Partial Summary Judgment -
08/09/2013
CIA’s Motion for Summary Judgment -
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08/09/2013
CIA’s Declaration in Support of Motion for Summary Judgment (Lutz Declaration) -
08/09/2013
CIA’s Declaration in Support of Motion for Summary Judgment (Powell Declaration)
CIA’s Declaration in Support of Motion for Summary Judgment (Lutz Declaration)Download DocumentDate Filed: 08/09/2013
Court: District Court (D.D.C.)
CIA’s Declaration in Support of Motion for Summary Judgment (Powell Declaration)Download DocumentDate Filed: 08/09/2013
Court: District Court (D.D.C.)
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08/09/2013
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03/15/2013
Appeals Court Ruling -
02/13/2013
CIA Response to ACLU's 28(j) Letter -
02/11/2013
FRAP 28(j) Letter to Court re: John Brennan Senate Confirmation Hearing -
11/16/2012
CIA Response to Plaintiffs' 28(j) Letter re: Administration Statements -
11/14/2012
FRAP 28(j) Letter to Court re: Administration Officials' Recent Statements -
09/19/2012
CIA Response to Plaintiffs' 28(j) Letter re: Obama Statements -
09/18/2012
FRAP 28(j) Letter to Court re: President Obama's Recent Statements -
07/02/2012
Order Denying CIA Motion to Remand -
06/29/2012
ACLU Opposition to Motion to Remand -
06/20/2012
CIA Motion to Remand to District Court -
06/13/2012
Notice of Oral Argument -
06/13/2012
ACLU Motion for Expedited Argument -
06/04/2012
ACLU Appeal Reply Brief -
03/22/2012
Amicus Brief of Nine Organizations in Support of ACLU -
03/15/2012
Drones FOIA – ACLU Appeal Brief -
09/09/2011
District Court Opinion Granting Summary Judgment to CIA -
03/29/2011
ACLU Notice of Supplemental Authority -
12/17/2010
ACLU Reply Brief -
11/30/2010
CIA Opposition and Reply Brief -
11/01/2010
ACLU Cross-Motion for Partial Summary Judgment and Opposition to CIA Motion -
10/01/2010
CIA Motion for Summary Judgment -
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10/01/2010
CIA’s Declaration in Support of Motion for Summary Judgment (Cole Declaration)
CIA’s Declaration in Support of Motion for Summary Judgment (Cole Declaration)Download DocumentDate Filed: 10/01/2010
Court: District Court (D.D.C.)
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10/01/2010
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06/01/2010
ACLU Complaint for Injunctive Relief
Date Filed: 06/18/2015
Court: District Court (D.D.C.)
Date Filed: 12/19/2014
Court: District Court (D.D.C.)
Date Filed: 11/26/2014
Court: District Court (D.D.C.)
Date Filed: 07/24/2014
Court: District Court (D.D.C.)
Date Filed: 06/05/2014
Court: District Court (D.D.C.)
Date Filed: 06/02/2014
Court: District Court (D.D.C.)
Date Filed: 05/01/2014
Court: District Court (D.D.C.)
Date Filed: 04/29/2014
Court: District Court (D.D.C.)
Date Filed: 04/22/2014
Court: District Court (D.D.C.)
Date Filed: 02/12/2014
Court: District Court (D.D.C.)
Date Filed: 11/01/2013
Court: District Court (D.D.C.)
Date Filed: 09/13/2013
Court: District Court (D.D.C.)
Date Filed: 08/09/2013
Court: District Court (D.D.C.)
Date Filed: 02/13/2013
Court: District Court (D.D.C.)
Date Filed: 02/11/2013
Court: District Court (D.D.C.)
Date Filed: 11/16/2012
Court: District Court (D.D.C.)
Date Filed: 11/14/2012
Court: District Court (D.D.C.)
Date Filed: 09/19/2012
Court: District Court (D.D.C.)
Date Filed: 09/18/2012
Court: District Court (D.D.C.)
Date Filed: 07/02/2012
Court: District Court (D.D.C.)
Date Filed: 06/29/2012
Court: District Court (D.D.C.)
Date Filed: 06/20/2012
Court: District Court (D.D.C.)
Date Filed: 06/13/2012
Court: District Court (D.D.C.)
Date Filed: 03/22/2012
Court: District Court (D.D.C.)
Date Filed: 03/15/2012
Court: District Court (D.D.C.)
Date Filed: 09/09/2011
Court: District Court (D.D.C.)
Date Filed: 03/29/2011
Court: District Court (D.D.C.)
Date Filed: 11/30/2010
Court: District Court (D.D.C.)
Date Filed: 11/01/2010
Court: District Court (D.D.C.)
Date Filed: 10/01/2010
Court: District Court (D.D.C.)
Date Filed: 06/01/2010
Court: District Court (D.D.C.)
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01/13/2010
FOIA Request
Press Releases
U.S. to Release Some Drone Casualty Numbers
ACLU Comment on U.S. Admission to Killing Americans in Targeted Killing Program
DC Appeals Court Rejects CIA's Secrecy Claims in ACLU's Targeted Killing FOIA Lawsuit
ACLU Comment on Targeted Killing “Disposition Matrix”
ACLU in Appeals Court Thursday Arguing Against CIA’s Secrecy Claim on Targeted Killing Documents
ACLU Credits White House for Drone Strike Transparency, but Says Program Still Unlawful
