The Obama administration has lost a high-stakes lawsuit brought against it by the New York Times and the ACLU over its refusal to divulge the legal basis for its extrajudicial assassination program against US citizens. The Obama administration declared that it had the right to assassinate Americans overseas, far from the field of battle, on the basis of a secret legal theory. When it refused to divulge that theory in response to Freedom of Information Act requests, the Times and the ACLU sued. The Second Circuit Court of Appeals has found in the Times's and ACLU's favor.
The Obama administration had insisted that the legal memo in question was protected as a national security secret. However, the court found that because the administration had made statements about the memo, assuring the public that the assassinations were legal, it had waived its right to keep the memo a secret. There's no work on whether the administration will appeal to the Supreme Court.
"After senior Government officials have assured the public that targeted killings are 'lawful' and that OLC advice 'establishes the legal boundaries within which we can operate,'" the appeals court said, "waiver of secrecy and privilege as to the legal analysis in the Memorandum has occurred" (PDF).
The Electronic Privacy Information Center (EPIC), which in a friend-of-the court brief urged the three-judge appeals court to rule as it did, said the decision was a boon for citizen FOIA requests.
"It's very helpful. We have a number of cases, including one of our oldest FOIA cases, that involves the warrantless wiretapping memos. The basic premise is when OLC writes a legal memo and when that becomes the known basis for a program, that's the law of the executive branch and cannot be withheld," Alan Butler, EPIC's appellate counsel, said in a telephone interview.
Obama ordered to divulge legal basis for killing Americans with drones [David Kravets/Ars Technica]
Indian Prime Minister Narendra Modi is an authoritarian war criminal who is part of the worldwide surge of trumpist leaders and hopefuls, including Philippines president Rodrigo Duterte; Hungary’s Viktor Orbán; Russia’s Vladimir Putin; South Korea’s Park Geun-hye; France’s Marine Le Pen; the UK’s Nigel Farage, Turkey’s Recep Tayyip Erdoğan and others — bound together by […]
Though the October polls that predicted a great showing for the Pirate Party in the Icelandic elections turned out to be wrong, that election did end with a deeply divided parliament that has been unable to find enough common ground upon which to form a new government.
With the passage of the Snoopers Charter earlier this month, the UK has become the most-surveilled “democratic” state in the world, where service providers are required to retain at least a year’s worth of their customers’ browsing history and make it searchable, without a warrant, to a variety of agencies — and no records are […]
The Boing Boing Store’s Gift Guide is full of ideas for pretty much anyone in your life like hipster ice cub trays, Xbox controllers, Halo Boards, and even diamond necklaces. As always, all products in the Boing Boing Store come at great discounts, too. Shop by price bucket starting at under $20. Under $20:Bloxx Jumbo Ice Trays […]
Unlike traditional lighters, the SaberLight features an electronic plasma beam that’s both rechargeable and butane-free. This sleek lighter is even approved by TSA, so you’ll never be stuck buying lighters you’ll just have to throw away partially used. For some people, like me, this is a pretty big game-changer. The SaberLight’s beam is actually both hotter and cleaner […]
Holiday shopping is in full swing, and the Striiv Touch is one of the best gift ideas I’ve landed on. Its simple design works for females and males, and its wide range of features makes it suitable for even the non-fitness enthusiasts in your life.Unlike traditional fitness trackers, the Striiv Touch also acts as a smartwatch. It […]