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The New York Times Company and the American Civil Liberties Union sought records under the federal Freedom of Information Act detailing the U.S. government’s policies for when it can conduct drone strikes and when it can kill a U.S. citizen. In particular, the Times and the ACLU sought memos prepared by the Office of Legal Counsel, which provides legal advice to the President. After the government refused to release the records, the Times and the ACLU sued. In January the district court ruled in favor of the government, believing that the records could properly be withheld under Exemptions 1 and 5 of FOIA. Both the Times and the ACLU appealed the decision to the U.S. Court of Appeals for the Second Circuit.
The New York Times Company and the American Civil Liberties Union sought records under the federal Freedom of Information Act detailing the U.S. government’s policies for when it can conduct drone strikes and when it can kill a U.S. citizen. In particular, the Times and the ACLU sought memos prepared by the Office of Legal Counsel, which provides legal advice to the President. After the government refused to release the records, the Times and the ACLU sued. In January the district court ruled in favor of the government, believing that the records could properly be withheld under Exemptions 1 and 5 of FOIA. Both the Times and the ACLU appealed the decision to the U.S. Court of Appeals for the Second Circuit.