Responding to a Freedom of Information lawsuit brought by the ACLU and The New York Times, the federal government has indicated it will release a key Justice Department legal memo explaining the rationale for its targeted killing program. The memo, written by David Barron, authorized the killing of a U.S. citizen living in Yemen suspected of plotting terrorist acts. A federal appeals court in April ordered the disclosure of the memo. (American Civil Liberties Union, May 20, 2014, press release)
The U.S. Senate voted 52-45 today to approve Barron’s appointment to a federal appeals court judgeship. In April the federal appeals court found that statements by government officials and the publication of a Justice Department White Paper on the killing policy undermined their request for secrecy. In a few weeks, the government is expected to release a redacted version of the memo approved by the court in April. (Courthouse News Service, May 22, 2014, by Jack Bouboushian)
The First Amendment Coalition lost a round in April in federal district court when the judge ruled against its FOIA lawsuit for disclosure of the legal memo of the legal rationale for the targeted drone killings. (FAC, April 15, 2014)