The ACLU filed suit in federal court yesterday seeking to force the White House to turn over records related to the killing of Anwar al-Awlaki, the US citizen assassinated in a drone attack in Yemen last year.
The lawsuit, filed in the U.S. District Court for the Southern District of New York, charged the Justice and Defense departments and the CIA with illegally failing to respond to requests made in October under the Freedom of Information Act (FOIA). It cited public comments made by President Obama, Defense Secretary Leon E. Panetta and other officials in arguing that the government cannot credibly claim a secrecy defense.
“The government’s self-serving attitude toward transparency and disclosure is unacceptable,” the ACLU said in a statement. “Officials cannot be allowed to release bits of information about the targeted killing program when they think it will bolster their position, but refuse even to confirm [its] existence” when asked for information “in the service of real transparency and accountability.”
In addition to statements by Obama and Panetta, the lawsuit notes that “media reports about the targeted killing program routinely quote anonymous government officials describing details of the program.”
Just the other day President Barack Obama talked openly about the drone program in a YouTube interview. And Panetta spoke about the Awlaki case on 60 Minutes this past Sunday. Yet when the ACLU tried to FOIA the Office of Legal Counsel document justifying the killing of American citizens, or the evidence used to confirm Awlaki’s role as a terrorist the government has always denied them citing state secrets. The lawsuit cites several other instances where the President or top officials have mentioned the drone program or the killing of Awlaki publicly.
The New York Times has also filed suit seeking the legal memos. The request for the evidentiary basis for the killing of Awlaki, along with his son Abdulrahman and Samir Khan, another US citizen killed in the initial Awlaki strike, is new.
Last week, the Daily Beast reported that the Administration was about to release information about the Awlaki killing, but reportedly the planned speech by Eric Holder will not even mention Awlaki by name. So the Administration keeps playing this game of public comment when it serves them and secrecy when it doesn’t.
As Adam Serwer notes, the ACLU has sued before over information about the drone program and a judge sided with the government in denying disclosure. But the Administration has spoken much more openly in the ensuing months about the program so there’s a chance the ACLU will be successful this time around.




14 Comments

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Come on. Stop the whining. We know that this is the most open and transparent wh administration in history. There aren’t any problems with not opening up records that the admin talks about: they will tell us all we need to know. Questioning them is moving toward terrorism and we know that Julian Assange is a terrorist and will get his just rewards. Why would anyone question the motives of a Nobel Peace Prize winner: he must be a good and true person as are the people working for him.
WE can only hope.
I am glad I am not a “suspected terrorist”. You know what they say about proving a negative…..
You can only HOPE you are not a suspected terrorist. We are all the enemy now. I have no illusions.
If you vote agin’ an incumbent, yer a terr’ist (“not wit ‘em, but agin’ ‘em) – and don’t think they don’t know who yer pullin’ the trigger for. Be scared, be very scared.
lever, I meant lever
(oh dang, n from a pacifist too!)
Are you a closet terrorist?
§ 2715a. Provision of information on certain violent crimes abroad to victims and victims’ families
(a) Sense of Congress
It is the sense of Congress that—
(1) it is in the national interests of the United States to provide information regarding the killing, abduction, torture, or other serious mistreatment of United States citizens abroad to the victims of such crimes, or the families of victims of such crimes if they are United States citizens; and
(2) the provision of such information is sufficiently important that the discharge of the responsibility for identifying and disseminating such information should be vested in a cabinet-level officer of the United States Government.
http://www.law.cornell.edu/uscode/usc_sec_22_00002715—a000-.html
Why doesn’t the ACLU, concentrate more on issues that matter. Going to preserve the rights of terrorists is not on top of my list. The ACLU has its own agenda, they are like ambulance chasers and if they win the taxpayers get the bill!
You are so correct. 0 determined that Awlaki should be killed and he had it done. He didn’t need no stinkin’ conviction in a court of law. Awlaki was a US citizen and we know that once the prez says someone is guilty, that someone is guilty. Therefore, we know that Bradley Manning has been tried in 0′s mind and found guilty, but he is necessary to keep alive because we know that eventually Manning will flip and there can be a show trial for Julian Assange. Why does the ACLU need to stick its nose in where all GOOD Americans know that the judgment was true because the Nobel Peace Prize winner said so.
Them: “You are accused of Terrorism, and your life is now forfeit!”
You: “Based on what? What evidence do you have to support your claim?”
Them: “The evidence is secret.”
You: “Where is my lawyer? I want to talk to the judge!”
Them: “You don’t get a lawyer. There is no judge, because there will be no trial. The Decider suspects you; that is all you need to know.”
“American Civil Liberties Union”. American Civil Liberties are what they concern themselves with. Awlaki was an American whose Civil Liberties were obliterated by a drone being remotely controlled by American secret state police. This is a dangerous precedent which must be challenged before extra-judicial killing of American citizens becomes the routine way for the Executive to silence people who are inconvenient (like Occupy protesters, or environmental activists, or voters registered to an opposing political party).
I’m really hard-pressed to think of any issue of greater importance for the ACLU to be focusing on right about now. Indefinite detention is an egregious violation of the Constitution, but extra-judicial assassination of citizens on a whim of the Decider means the USA is a dictatorship. I think it is worth the ACLU’s time and effort.
You are right, about American Civil Liberties being very important. I have heard of a case in Cranston, R.I. where the ACLU brought charges against the city for the wording in a banner that was hanging on the wall @ Cranston West High School for over fifty years, because one single student said it violated her rights has an atheist. The school lost the case, because some liberal judge so a chance to get her name in the public eye, now you have several hundred students rights that just got thrown under the bus, plus the city got a bill for 176 thousand dollars, which they can’t afford because the city is his broke and so are 90% of the taxpayers.
The ambulances chases got what they wanted, to trample the Cranston residents into the ground. Where is their rights?
That’s not correct. No one’s civil rights have been violated by refusing to let people promote their particular religion in a public school.
Previously the kids were required to recite the prayer, they were sued in 63 so they put on the wall instead.
Jessic Ahlquist underwent severe bullying for standing up for civil rights of everyone, and argued for upholding the constitution.
in fact a cop had to guard her at school. The state Rep. Peter G. Palumbo called her an evil little thing on the radio.
A dozen religious leaders have urged the attacks to stop.
She did the right thing, brought some light to the religio-cultural culdesac otherwise known as Rhode Island.
Funny thing is that they voted to appeal the ruling and decided the costs were worth standing up for thier principles, and lost again. Now don’t want to pay. Times are really tough all over... snif..
‘No, no!’ said the Queen. ‘Sentence first – verdict afterwards.’
‘Stuff and nonsense!’ said Alice loudly. ‘The idea of having the sentence first!’
‘Hold your tongue!’ said the Queen, turning purple.
‘I won’t!’ said Alice.
‘Off with her head!’ the Queen shouted at the top of her voice. Nobody moved.
‘Who cares for you?’ said Alice, ‘You’re nothing but a pack of cards!’