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United States Second Circuit


The New York Times Company v. United States, 13-422

Summary judgment for defendant-government in an action under the Freedom of Information Act seeking documents relating to targeted killings of United States citizens carried out by drone aircraft, is: 1) reversed in part, where a redacted version of the Office of Legal Counsel (OLC)-Department of Defense (DOD) Memorandum must be disclosed, a redacted version of the classified Vaughn index submitted by OLC must be disclosed, the Glomar and "no number, no list" responses are insufficiently justified, and the DOD and CIA must submit Vaughn indices to the district court for in camera inspection and determination of appropriate disclosure and appropriate redaction; but 2) affirmed in part, where, the Office of Information Policy search was sufficient.

Appellate Information

  • Decided 04/21/2014
  • Published 04/21/2014

Judges

  • NEWMAN

Court

  • United States Second Circuit

Counsel

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