Freedom of Information Act (FOIA)

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Just Security

We Need to Know More About How the Government Censors Its Employees

In December, in a series of editorials published in The Washington Post and Just Security, Jack Goldsmith and Oona Hathaway made the case for reforming the government’s broken…
Just Security

The State Department’s Records and Response Problems Are Not New, They’re Systemic

The State Department’s records management, FOIA compliance, and oversight responsiveness have endured withering scrutiny in court and on Capitol Hill since disclosure of Hillary…
Just Security

More Problems With Prepublication Review

Editor’s note: This post also appears on Lawfare. Over the weekend, we published an op-ed in the Washington Post about the government’s broken prepublication review process.…
Just Security

A FOIA Circuit Split That the Supreme Court Needs To Resolve

On Friday, January 8, the Supreme Court will consider a petition for certiorari in EPIC v. DHS, a lawsuit by the Electronic Privacy and Information Center (EPIC) under the Freedom…
Just Security

Still Secret: Second Circuit Keeps More Drone Memos From the Public

Secret law has been anathema to our democracy since its Founding, but a federal appeals court just gave us more of it. Almost two centuries ago, James Madison wrote that “[a]…
Just Security

Lawyering in Secret and the Government’s FOIA Bogeyman

Last week, in Washington, the Central Intelligence Agency’s top lawyer aired a pointed complaint — or was it a warning? — that has been bubbling about for some time. At an…
Just Security

Secret Law Isn’t the Public’s Fault

Officials in this administration have a funny way of blaming the victim. Did the CIA spy on Senate intelligence committee staffers who were investigating the agency’s torture…
Just Security

The Assassination Ban and Targeted Killings

In public speeches, administration officials have criticized the use of the word “assassination” to characterize targeted killings carried out by the United States. The administration’s…
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Drone Disclosures, Official and Not

As readers of this blog already know, last week The Intercept published a series of fascinating stories about the US drone campaign. The stories, and the official documents that…
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The AUMF, ISIL, and… FOIA?

Earlier today on Twitter, USA Today‘s Brad Heath posted the key paragraphs from DOJ’s denial of his FOIA request for any OLC memos relating to the applicability of…
Just Security

CIA and OLC Must Release More “Secret” Documents on Aulaqi Drone Strike

On Thursday, a federal district court in New York issued its latest ruling in the ACLU’s long-running Freedom of Information Act (FOIA) litigation seeking the legal and factual…
Just Security

There’s No Reason to Hide the Amount of Secret Law

Last week, President Obama announced a new policy that would allow private parties to pay ransoms to hostage takers. The policy was established through an executive order and an…
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