The US Court of Appeals for the Second Circuit [4] on Nov. 23 released its ruling [5] that the US government may keep secret memoranda related to the legal justification for the use of drones for targeted killings of those in other countries believed to be involved in terrorism. Though the opinion was drafted last month, it was placed under temporary seal and not released until this week. The case was the result of Freedom of Information Act [6] requests by the American Civil Liberties Union [7] (ACLU) and New York Times [8] for documents prepared by the Office of Legal Counsel of the US Department of Justice [9] regarding the drone strikes. The court made a point of emphasizing that the legality of the strikes themselves was not the issue before the court, and that its review primarily concerned whether documents regarding their lawfulness must be disclosed. Those arguing for the release of the memos called the documents "working law," but the courts denied this argument.
From Jurist [10], Nov. 24. Used with permission.
