Khan v. US Department of Defense

Case Number: 1:21-cv-08105

Court: U.S. District Court for the Southern District of New York

Client: Azmat Khan

Complaint Filed: Sept. 30, 2021

Background: In late 2019, investigative journalist Azmat Khan filed the first of eight Freedom of Information Act requests seeking records from two federal agencies: U.S. Central Command, or CENTCOM, and the U.S. Agency for International Development.

Khan’s requests specifically sought records concerning civilian casualties resulting from U.S. military operations in Iraq, Syria and Afghanistan. The requests followed Khan’s groundbreaking reporting on civilian casualties related to American-led coalition strikes as part of the fight against the Islamic State.

As of Sept. 30, 2021, neither of the agencies has produced records responsive to the requests. Nor have they issued responses citing exemptions to withhold the requested records.

On behalf of Khan, attorneys for the Reporters Committee for Freedom of the Press filed this lawsuit against the Department of Defense, CENTCOM and the Agency for International Development, claiming that the government agencies violated FOIA by failing to meet statutory deadlines and by unlawfully withholding agency records.

Update: In January 2023, The New York Times published an investigation by journalist Azmat Khan examining a botched U.S. drone strike in Kabul, Afghanistan, in August 2021 that killed 10 innocent civilians, including three children. Using portions of a U.S. Central Command investigation she obtained through this lawsuit, Khan’s reporting shed light on the flawed intelligence and confirmation bias that led military officials to target a man who later turned out to be an Afghan aid worker. Her story also raised questions about Pentagon officials’ initial public statements defending what they called a “righteous” strike despite early reports from military analysts claiming that innocent civilians had been killed.

Filings:

2021-09-30: Complaint