Circuit Orders Release of Documents Related to Drones

, New York Law Journal


The Second Circuit said a redacted document on legal guidance for the targeted killing of American citizens by drones must be released because of public statements acknowledging lethal force in counterterrorism operations, and because the DOJ opted to release part of a White Paper on the subject that had been leaked to the media.

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Originally appeared in print as Circuit Orders Release of Policy Guidance on Use of Drones

What's being said

  • Ravi Batra

    Circuit Judges Jon O. Newman, Jose A. Cabranes and Rosemary Pooler‘s Order vindicates the critical separation of powers, while protecting the government‘s right to seek further review by not disclosing what it otherwise held should be disclosed.

    It is moments like this that the pride of being an American is felt in full measure. It matters not if the Supreme Court reverses or affirms the scholarly Order just issued.

    The tension between needed governmental confidentiality and the public‘s right to know, vindicated by the DOJ and US Attorney Preet Bharara‘s Office and NYTimes and ACLU, respectively, is inspiring.

    That wonderful thing we all call freedom, that "wave" in the Flag that makes it come alive, is nothing short of the finest judiciary in the world - ours!

    And, yes - we have a nation to protect from those who don‘t play fair or by the rules; and our duty to protect the Homeland from enemies foreign and domestic is absolute.

    Dated: 4/21/14
    Ravi Batra

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