ACLU v. DOJ - FOIA Case for Records Relating to Targeted Killing Law, Policy, and Casualties
What's at Stake
In March 2015, the ACLU filed a Freedom of Information Act lawsuit demanding information about the government’s targeted-killing program, including the Obama administration’s Presidential Policy Guidance (PPG) under which the program operates. In a crucial victory, the government released a redacted version of the PPG and four other documents. Many other documents were kept secret, however, and the ACLU continues to seek additional records through additional FOIA requests and litigation concerning the specific legal standards the government invokes when using lethal force abroad, and how they apply in practice.
Summary
U.S. drone strikes have killed thousands of people, including hundreds of civilians, in at least half a dozen countries outside of armed conflict zones. Many of those killed have been children. The government’s lethal force program raises critical legal and ethical concerns and is the source of resentment and anger both in countries in which killings occur and more broadly. But despite efforts to make the program more transparent, it is still shrouded in excessive secrecy that shields it from public scrutiny.
The information we sought includes records on the law and policies the government uses to justify lethal force, how the government picks targets, how it conducts before-the-fact assessments of potential civilian casualties as well as “after-action” investigations into who was actually killed, and the number, identities, legal status, and suspected affiliations of those killed, intentionally or not.
In August 2016, the U.S. District Court for the Southern District of New York ordered the government to release a redacted version of the PPG and four other documents relating to the government’s targeted-killing policies, but held that the government could keep the rest of the documents secret. The court also ruled that because government officials had publicly acknowledged certain information about the targeted-killing program, the government was no longer able to keep that information from the public. The court’s ruling about the disclosed information was, and remains, entirely redacted. In January 2017, the government appealed that district court ruling. In response, the ACLU argued that it was hampered by excessive secrecy, but to the extent the issue concerned whether the government has officially acknowledged that the United States conducts targeted killings in Pakistan, including through the use of drones, the government had done so. The ACLU also argued that the district court’s ruling was appropriate under FOIA. In July 2018, the Court of Appeals for the Second Circuit ruled in favor of the government, holding that the district court did not need to decide whether the specific secret issue was officially acknowledged, and ordered the redactions in the court’s opinion to remain.
This case is one of three FOIA lawsuits the ACLU has litigated in pursuit of more transparency about the targeted killing program. One of them sought information about the strikes that killed three Americans in Yemen, and the other sought the legal and factual bases for the government’s use of drones to kill people overseas.
SEE DOCUMENTS RELEASED UNDER this FOIA REQUEST
See documents released under all of the ACLU’s targeted killing FOIA requests
Legal Documents
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07/05/2018
Judgment -
07/05/2018
Opinion Vacating Official Acknowledgment Ruling -
05/29/2018
ACLU Response Letter to Appeals Court -
05/23/2018
Government Letter to Appeals Court -
04/27/2018
Government Letter Brief -
04/27/2018
ACLU Letter Brief -
08/04/2017
Government Reply Brief -
07/14/2017
Brief for Plaintiffs-Appellees -
04/21/2017
Brief for Defendants - Appellants -
04/21/2017
Joint Appendix Volume 1 -
04/21/2017
Joint Appendix Volume 2 -
04/21/2017
Joint Appendix Volume 3 -
04/21/2017
Joint Appendix Volume 4
Date Filed: 07/05/2018
Court: Appeals Court (2d Cir.)
Download DocumentDate Filed: 07/05/2018
Court: Appeals Court (2d Cir.)
Download DocumentDate Filed: 05/29/2018
Court: Appeals Court (2d Cir.)
Download DocumentDate Filed: 05/23/2018
Court: Appeals Court (2d Cir.)
Download DocumentDate Filed: 04/27/2018
Court: Appeals Court (2d Cir.)
Download DocumentDate Filed: 04/27/2018
Court: Appeals Court (2d Cir.)
Download DocumentDate Filed: 08/04/2017
Court: Appeals Court (2d Cir.)
Download DocumentDate Filed: 07/14/2017
Court: Appeals Court (2d Cir.)
Download DocumentDate Filed: 04/21/2017
Court: Appeals Court (2d Cir.)
Download DocumentDate Filed: 04/21/2017
Court: Appeals Court (2d Cir.)
Download DocumentDate Filed: 04/21/2017
Court: Appeals Court (2d Cir.)
Download DocumentDate Filed: 04/21/2017
Court: Appeals Court (2d Cir.)
Download DocumentDate Filed: 04/21/2017
Court: Appeals Court (2d Cir.)
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08/27/2018
ACLU v. DOJ - Mandate Judgment -
11/16/2016
Judgment -
11/09/2016
Memo Endorsement on Joint Letter -
11/09/2016
Joint Letter to Judge McMahon -
10/20/2016
ACLU Letter to the Court re: Appellate Proceedings in Related Cases -
08/08/2016
District Court Opinion -
07/25/2016
Summary of Sealed Activity for Public Record -
07/22/2016
ACLU Letter Motion to Compel Completion of Declassification Review -
06/21/2016
Notice of Transmission of Order for Classification Review -
06/20/2016
Memo Endorsement of Joint Letter -
06/17/2016
Joint Letter Regarding Parts 3 and 4 of ACLU's FOIA Request -
05/10/2016
Order Directing Additional Production -
04/22/2016
Memo Endorsement of Gov't Letter re: Stay and ACLU v. CIA -
04/21/2016
Gov't Letter re: Stay and ACLU v. CIA -
04/18/2016
Gov’t Letter in Response to ACLU Letter Re: President’s Speech at University of Chicago -
04/13/2016
Letter Re: President's Speech at University of Chicago -
04/07/2016
Government Letter re. State Legal Adviser Egan Speech at ASIL -
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04/07/2016
Exhibit to Government Letter re: Egan Speech
ACLU v. DOJ - FOIA Case for Records Relating to Targeted Killing Law, Policy, and CasualtiesLegal DocumentsExhibit to Government Letter re: Egan SpeechDate Filed: 04/07/2016
Court: Southern District of New York
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04/07/2016
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03/31/2016
Order Directing Additional Production -
03/10/2016
Additional Directive to the Government -
03/04/2016
Gov't Letter to Court Re: February 25, 2016 Order -
03/04/2016
Memorandum Order Directing Production of Documents for In Camera Review -
02/25/2016
Short Form Order Directing Government to Produce Three Documents for In Camera Inspection -
12/28/2015
Gov't Corrected Memorandum of Law -
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12/23/2015
Decl. of Sarah Normand -
12/23/2015
Normand Declaration Exhibit Two -
01/25/2016
Normand Declaration Exhibit Three -
12/28/2015
Declaration of Andrew Lewis
ACLU v. DOJ - FOIA Case for Records Relating to Targeted Killing Law, Policy, and CasualtiesLegal DocumentsDecl. of Sarah NormandDate Filed: 12/23/2015
Court: Southern District of New York
Download DocumentACLU v. DOJ - FOIA Case for Records Relating to Targeted Killing Law, Policy, and CasualtiesLegal DocumentsNormand Declaration Exhibit TwoDate Filed: 12/23/2015
Court: Southern District of New York
Download DocumentACLU v. DOJ - FOIA Case for Records Relating to Targeted Killing Law, Policy, and CasualtiesLegal DocumentsNormand Declaration Exhibit ThreeDate Filed: 01/25/2016
Court: Southern District of New York
Download DocumentACLU v. DOJ - FOIA Case for Records Relating to Targeted Killing Law, Policy, and CasualtiesLegal DocumentsDeclaration of Andrew LewisDate Filed: 12/28/2015
Court: Southern District of New York
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12/23/2015
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12/01/2015
ACLU Brief in Opposition to Govt Motion for Summary Judgment and in Support of Motion for Partial Summary Judgment -
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12/01/2015
Second Declaration of Matthew Spurlock
ACLU v. DOJ - FOIA Case for Records Relating to Targeted Killing Law, Policy, and CasualtiesLegal DocumentsSecond Declaration of Matthew SpurlockDate Filed: 12/01/2015
Court: Southern District of New York
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12/01/2015
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10/02/2015
ACLU and OLC Agreement to Narrow Scope of FOIA Request -
10/02/2015
Department of State Index of Relevant Documents to FOIA Request -
10/02/2015
Index of OLC Documents Responsive to FOIA Request -
10/02/2015
Email Clarifying Appropriate Materials Included in FOIA Request -
10/02/2015
Notice of Lodging of Classified Document -
10/02/2015
Government Brief in Opposition to ACLU Motion for Partial Summary Judgment and In Support of Government Cross Motion for Summary Judgment -
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10/02/2015
Declaration of John E. Bies -
10/02/2015
Declaration of Martha M. Lutz -
10/02/2015
Declaration of Douglas Hibbard -
10/02/2015
Declaration of John Bradford Wiegmann -
10/02/2015
Declaration of Jennifer Hudson
ACLU v. DOJ - FOIA Case for Records Relating to Targeted Killing Law, Policy, and CasualtiesLegal DocumentsDeclaration of John E. BiesDate Filed: 10/02/2015
Court: Southern District of New York
Download DocumentACLU v. DOJ - FOIA Case for Records Relating to Targeted Killing Law, Policy, and CasualtiesLegal DocumentsDeclaration of Martha M. LutzDate Filed: 10/02/2015
Court: Southern District of New York
Download DocumentACLU v. DOJ - FOIA Case for Records Relating to Targeted Killing Law, Policy, and CasualtiesLegal DocumentsDeclaration of Douglas HibbardDate Filed: 10/02/2015
Court: Southern District of New York
Download DocumentACLU v. DOJ - FOIA Case for Records Relating to Targeted Killing Law, Policy, and CasualtiesLegal DocumentsDeclaration of John Bradford WiegmannDate Filed: 10/02/2015
Court: Southern District of New York
Download DocumentACLU v. DOJ - FOIA Case for Records Relating to Targeted Killing Law, Policy, and CasualtiesLegal DocumentsDeclaration of Jennifer HudsonDate Filed: 10/02/2015
Court: Southern District of New York
Download Document -
10/02/2015
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08/28/2015
ACLU Declaration and Table of Exhibits -
08/28/2015
ACLU Memorandum in Support of Motion for Partial Summary Judgment (waiver) -
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08/28/2015
ACLU Waiver Table
ACLU v. DOJ - FOIA Case for Records Relating to Targeted Killing Law, Policy, and CasualtiesLegal DocumentsACLU Waiver TableDate Filed: 08/28/2015
Court: Southern District of New York
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08/28/2015
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07/24/2015
Government Letter in Response to Motion for Clarification and Modification of Order -
07/27/2015
Order Denying ACLU's Motion to Clarify Scheduling Order -
07/22/2015
ACLU Brief in Support of it's Motion for Clarification and Modification of Court's Scheduling Order -
07/09/2015
Order Modifying Scheduling Order and Issuing Directions -
07/02/2015
ACLU’s Opposition to Government’s Motion for Modification of Scheduling Order -
07/02/2015
Government’s Motion for Partial Modification of Scheduling Order -
03/16/2015
Complaint
Date Filed: 08/27/2018
Court: Southern District of New York
Download DocumentDate Filed: 11/16/2016
Court: Southern District of New York
Download DocumentDate Filed: 11/09/2016
Court: Southern District of New York
Download DocumentDate Filed: 11/09/2016
Court: Southern District of New York
Download DocumentDate Filed: 10/20/2016
Court: Southern District of New York
Download DocumentDate Filed: 08/08/2016
Court: Southern District of New York
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Court: Southern District of New York
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Court: Southern District of New York
Download DocumentDate Filed: 06/21/2016
Court: Southern District of New York
Download DocumentDate Filed: 06/20/2016
Court: Southern District of New York
Download DocumentDate Filed: 06/17/2016
Court: Southern District of New York
Download DocumentDate Filed: 05/10/2016
Court: Southern District of New York
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Court: Southern District of New York
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Court: Southern District of New York
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Court: Southern District of New York
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Court: Southern District of New York
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Court: Southern District of New York
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Court: Southern District of New York
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Court: Southern District of New York
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Court: Southern District of New York
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Court: Southern District of New York
Download DocumentDate Filed: 02/25/2016
Court: Southern District of New York
Download DocumentDate Filed: 12/28/2015
Court: Southern District of New York
Download DocumentDate Filed: 12/01/2015
Court: Southern District of New York
Download DocumentDate Filed: 10/02/2015
Court: Southern District of New York
Download DocumentDate Filed: 10/02/2015
Court: Southern District of New York
Download DocumentDate Filed: 10/02/2015
Court: Southern District of New York
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Court: Southern District of New York
Download DocumentDate Filed: 10/02/2015
Court: Southern District of New York
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Court: Southern District of New York
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Court: Southern District of New York
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Court: Southern District of New York
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Court: Southern District of New York
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Court: Southern District of New York
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Court: Southern District of New York
Download DocumentDate Filed: 07/09/2015
Court: Southern District of New York
Download DocumentDate Filed: 07/02/2015
Court: Southern District of New York
Download DocumentDate Filed: 07/02/2015
Court: Southern District of New York
Download DocumentDate Filed: 03/16/2015
Court: Southern District of New York
Download Document-
05/13/2016
Exhibit 1- Request -
08/28/2015
Exhibit 2 - December 1989 Parks Memo -
08/28/2015
Exhibit 3 - June 2007 Dorn Declaration -
08/28/2015
Exhibit 4 - May 2009 Panetta Speech -
08/28/2015
Exhibit 5 - February 2010 OLC Memo -
08/28/2015
Exhibit 6 - March 2010 Koh Speech -
08/28/2015
Exhibit 7 - June 2010 Panetta Interview -
08/28/2015
Exhibit 8 - July 2010 OLC Memo -
08/28/2015
Exhibit 9 - September 2010 Government Brief -
08/28/2015
Exhibit 10 - March 2011 Gates Speech -
08/28/2015
Exhibit 11 - April 2011 Gates Statement -
08/28/2015
Exhibit 12 - May 2011 White Paper -
08/28/2015
Exhibit 13 - October 2011 Panetta Statement -
08/28/2015
Exhibit 14 - October 2011 Panetta Speech -
08/28/2015
Exhibit 15 - November 2011 White Paper -
08/28/2015
Exhibit 16 - February 2012 Johnson Speech -
08/28/2015
Exhibit 17 - March 2012 Holder Speech -
08/28/2015
Exhibit 18 - April 2012 Brennan Speech -
08/28/2015
Exhibit 19 - May 2012 Feinstein Letter -
08/28/2015
Exhibit 20 - June 2012 Carney Statement -
08/28/2015
Exhibit 21 - June 2012 WPR Report -
08/28/2015
Exhibit 22 - December 2012 Government Brief -
08/28/2015
Exhibit 23 - February 2013 Brennan Testimony -
08/28/2015
Exhibit 24 - February 2013 Rogers Interview -
08/28/2015
Exhibit 25 - February 2013 McCain Interview -
08/28/2015
Exhibit 26 - February 2013 Feinstein Statement -
08/28/2015
Exhibit 27 - February 2013 Brennan QFR -
08/28/2015
Exhibit 28 - March 2013 Government Brief -
08/28/2015
Exhibit 29 - March 2013 Feinstein Statement -
08/28/2015
Exhibit 30 - May 2013 DOD Statement -
08/28/2015
Exhibit 31 - May 2013 Holder Letter -
08/28/2015
Exhibit 32 - May 2013 Obama Speech -
08/28/2015
Exhibit 33 - May 2013 Fact Sheet -
08/28/2015
Exhibit 34 - August 2013 Kerry Statement -
08/28/2015
Exhibit 35 - 2014 Rizzo Book -
08/28/2015
Exhibit 36 - February 2014 Clapper Testimony -
08/28/2015
Exhibit 37 - July 2014 Yoho Statement -
08/28/2015
Exhibit 38 - July 2014 Yoho Bill -
08/28/2015
Exhibit 39 - September 2014 Pentagon Statement -
08/28/2015
Exhibit 40 - December 2014 WPR Report -
08/28/2015
Exhibit 41 - January 2015 Burgess Bill -
08/28/2015
Exhibit 42 - February 2015 Pentagon Statement -
08/28/2015
Exhibit 43 - March 2015 Pentagon Statement -
08/28/2015
Exhibit 44 - April 2015 Feinstein Statement -
08/28/2015
Exhibit 45 - May 2015 White House Statement -
08/28/2015
Exhibit 46 - April 2015 Burr Statement -
08/28/2015
Exhibit 47 - April 2015 McCain Interview -
08/28/2015
Exhibit 48 - May 2015 NSC Statement -
08/28/2015
Exhibit 49 - June 2015 Pentagon Statement -
08/28/2015
Exhibit 50 - June 2015 White House Statement -
12/01/2015
Exhibit 51 - Report on Associated Forces - Second Spurlock Declaration -
12/01/2015
Exhibit 52 - Report on Process - Second Spurlock Declaration -
12/01/2015
Exhibit 53 - January 2014 Rizzo Book - Second Spurlock Declaration -
12/01/2015
Exhibit 54 - November 2015 Panetta Statement - Second Spurlock Declaration
Date Filed: 05/13/2016
Court: Exhibits to Spurlock Declarations
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Court: Exhibits to Spurlock Declarations
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03/16/2015
FOIA Request - Records on Casualties of Targeted Killing Program -
10/02/2015
Email Clarifying Appropriate Materials Included in FOIA Request -
10/02/2015
Index of OLC Documents Responsive to FOIA Request -
10/02/2015
Department of State Index of Relevant Documents to FOIA Request -
10/02/2015
ACLU and OLC Agreement to Narrow Scope of FOIA Request
Date Filed: 03/16/2015
Court: FOIA Request
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Court: FOIA Request
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