Court Tells DOJ To Cough Up The Other Secret Memos That Justify Killing People By Drone

from the no-more-hiding-death-from-the-skies-justification dept

Tue, Jul 1st 2014 9:02am — Mike Masnick

Last week, we wrote about how the DOJ finally released (a heavily redacted) copy of its memo authorizing drone use for killing Americans (though, some have pointed out that the memo was written well after the US started trying to kill Americans with drones). More importantly, we noted that the memo actually pointed to another secret memo as part of the justification. It's secret memo on top of secret memo, all the way down. The ACLU went back to court to see about getting its hands on that other memo, and the court has now ordered the DOJ to cough up any such memos related to killing people with drones. Specifically, the judge has ordered the DOJ to provide:

Unredacted copies of the "other legal memoranda prepared by OLC and at issue here" that are the subject of the Mandate (hereinafter "The OLC Opinions")

Furthermore, the court is curious why the DOJ didn't provide those documents already. Thus, it also has asked the DOJ to provide a memo under seal explaining itself as to why it didn't already release those memos. The government now has three weeks to comply, though, I imagine the DOJ will try to come up with some way to protest all of this, because that's what the DOJ tends to do.

2014 06 30 Tk Foia Order Sdny (PDF)2014 06 30 Tk Foia Order Sdny (Text)

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Filed Under: doj, drones, extrajudicial killing, legal justification, olc
Companies: aclu

15 Comments

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silverscarcat (profile), 1 Jul 2014 @ 7:35am

Unredacted?
"I'm sorry, your honor, but the documents you are looking for are in another agency."
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Anonymous Coward, 1 Jul 2014 @ 9:31am

And.....
Executive Privilege...

to the rescue!
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Baron von Robber, 1 Jul 2014 @ 9:35am

ACLU: "You were told to give an unredacted memo"
DOJ: "It's no redacted"
ACLU: "What's all that black stuff blocked out?"
DOJ: "Um...new font called "ACLU type"
ACLU: "Look, I know redacted when I see and I'm looking at it right now"
DOJ: "It's pineing for the feuds."
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Quiet Lurcker, 1 Jul 2014 @ 9:37am

Secrecy is not merited here
The government would have the courts - and, ultimately, us - believe there is some interest in or need for secrecy regarding the governments conduct overseas.

This is wrong.

Under the international law of war, the government was in the wrong. Under the Constitution, the government was wrong. Even under the domestic law as it is written, the government was in the wrong.

The government tried to rationalize its obviously illegal, not to say unconstitutional actions in secret, and has now been caught with its hand in the cookie jar.

Given this administration, I have to ask. How long will it be before we see another American killed by drone or armed fighter, this time on American soil but still rationalized by a secret memo?

Kudos to the court for ordering the memos turned over.

Boos to that same court for allowing the secrecy to continue, in whatever form. This is a matter of the gravest public interest and should be treated as such.
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Anonymous Coward, 1 Jul 2014 @ 9:44am

Stop whining DoJ/Obama admin. Weren't you the one who kept saying all of these stuff is "legal". You got nothing to be afraid of then, no?
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Michael, 1 Jul 2014 @ 9:46am

the court is curious why the DOJ didn't provide those documents already

Because IN THIS CASE they believe in the 5th amendment.
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Anonymous Coward, 1 Jul 2014 @ 9:48am

The round robin designed to kill the FOIA. Request the info, be forced to give the info by court, and never get all the info that allows some action or justifies it.

A way to hide info by splitting it up all over the place. At best a hint of something else.

I'm thinking they didn't count on the court saying hand it all over and in that may reveal far more than they intended should happen.
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Mason Wheeler (profile), 1 Jul 2014 @ 10:29am

Re: Unredacted?
Thank you Mario, but our memo is in another department!
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Anonymous Coward, 1 Jul 2014 @ 11:16am

I'm surprised the DOJ doesn't declare themselves a private corporation. The way they're hiding behind secret laws and secret memos, you'd think they already are.
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Padpaw (profile), 1 Jul 2014 @ 2:01pm

Re: Secrecy is not merited here
you still have faith in your government this has not happened yet. If it has happened no one would know about it
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Anonymous Coward, 1 Jul 2014 @ 3:24pm

Contempt?
How far can they go with these reference bullshit when asked for memos before they fall into contempt of court?
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Bergman (profile), 1 Jul 2014 @ 10:28pm

Re: Unredacted?
To which a judge might respond "Then I'm sorry but until your agency finds the documents, you and your director will be sitting in adjacent cells for contempt."
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Anonymous Coward, 2 Jul 2014 @ 6:22am

Why won't you guys just let the government kill random people it deems to randomly kill.
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Anon., 4 Jul 2014 @ 4:25am

I'm glad the judges are beginning to get a little bit irritated at the flagrant lawbreaking and criminality shown by the DOJ.
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GEMont (profile), 6 Jul 2014 @ 4:24pm

Probably time for a NSA Blackmailing to this group of "errant" judges I guess.

Can't have a bout of integrity ruin the game plan now after all. Time to get these judges back into marching order and singing the right tune.

Nothing like a video of a judge's mistress earning her keep, or pictures of his kids sleeping in their beds with a masked man holding a knife inches above their heads, to get almost anyone "back on track".

As the MAFIA proved long ago, every man has his price.

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