AP/ June 21, 2012, 7:01 AM

Obama administration rejects FOIA requests from NYT, ACLU for "targeted killing" papers

This Oct. 2008 file photo provided by Muhammad ud-Deen, shows radical American-Yemeni Islamic cleric Anwar al-Awlaki in Yemen.

This Oct. 2008 file photo provided by Muhammad ud-Deen, shows radical American-Yemeni Islamic cleric Anwar al-Awlaki in Yemen. / CBS

(AP) WASHINGTON - The Obama administration has rejected requests from The New York Times and the American Civil Liberties Union seeking information about its "targeted killing" program against suspected terrorists, saying the release of the requested documents would harm national security.

Under the Freedom of Information Act, the Times and the ACLU sought records regarding the legal justifications for the alleged U.S. government killing of U.S. citizens and others associated with al Qaeda and other terrorist groups.

In a court document filed late Wednesday in New York in response to an ACLU lawsuit, the Justice Department said that "even to describe the numbers and details of most of these documents would reveal information that could damage the government's counterterrorism efforts."

The administration said the information requested is "highly classified," even though details of such operations have been leaked to the media.

"For example, whether or not the United States government conducted the particular operations that led to the deaths of Anwar al-Awlaki and the other individuals named in the FOIA requests remains classified," the government wrote. The U.S.-born al-Awlaki, an al Qaeda leader, was killed in a U.S. drone strike in Yemen in September.

Justice memo authorized killing of Anwar al-Awlaki
Targeting Terrorists: U.S. legal justifications
Holder: U.S. can kill citizen terrorists abroad

"Likewise, whether or not the CIA has the authority to be, or is in fact, directly involved in targeted lethal operations remains classified," the government wrote.

In response to the government filing, ACLU Deputy Legal Director Jameel Jaffer said Thursday: "The notion that the CIA's targeted killing program is still a secret is beyond absurd. Senior officials have discussed it, both on the record and off."

The Justice Department, however, said, "None of those statements or reports constitutes an official disclosure that could vitiate agencies' ability to safeguard the classified and other statutorily protected information at issue here."

The administration acknowledged public concern about U.S. use of targeted killings, and said it has tried to "set forth for the American people the legal analysis and process involved in the determination whether to use lethal force." Those efforts have included speeches by a number of U.S. officials, including Attorney General Eric Holder.

But it maintained that the requested records would reveal "whether or not the U.S. government possesses specific intelligence information about particular individuals. Yet, Congress has made the judgment in the CIA Act and the National Security Act that information concerning such intelligence sources and methods should be exempt from public disclosure."

The ACLU's Jaffer said, "The public is entitled to know more about the legal authority the administration is claiming and the way that the administration is using it."

"We continue to have profound concerns with the power the administration is claiming and with the proposition that the president should be permitted to exercise this power without oversight by the courts," Jaffer said.

© 2012 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
14 Comments Add a Comment
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dave4johnson says:
The man in that Picture above is not Anwar al-Awlaki (cia fake name) and is not a terrorist. His real name is or he goes by the name Tony GreenBurg. His grandfather Maurice (aka NAZI Dr Megele) ran AIG. His father is Michael Greenburg. THey are running this whole world people.

Here is the photo proof of the NAZI cover up. THEY never died. http://issuu.com/mrdavej420/docs/auschwitz_exposed

Family EXPOSED http://www.youtube.com/watch?v=kgJmIzRTaU0

Stop being fooled by all the fake news stories,. Everything is a HOAX. Wake up.
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RichZubaty says:
Barack Obama is a soulless monster. Constitutional scholar my aching ears. How can we claim to live in a democracy when our government refuses to tell us who it is killing -- this week?
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pohd1 says:
The White House should not disclose information but they should not have leaked it to begin with. Nice to read the moral liberals that are against torture but killing is just fine with them. For me both are fine need to get the information to strike your enemy and these terrorist are the enemy and it does not matter where they are. Pres. Obama and Bush before him are responsible for the safety of this nation and its people and that is all both of them have done. Therefore the political hacks be consistent you bigoted and prejudice are showing but that's nothing new.
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facepalmfrank says:
I wonder what Cindy Sheehan thinks about this. I wonder why she's never in the news anymore.

Hmm...
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venusvegasvada says:
This is bit of a ridiculous request.

Each incident is actually a separate, individual case, with their own individual background histories and reasons driving the decisions made from the intelligence that has been built up.

There is no "blanket" reason for all of them, as this article suggests. The article also glosses over the loss of intelligence information that would happen if details were made public.

Nobody in the Gov. takes these strikes lightly. They also place a high value on SAVING the lives of our soldiers and civilians.

An indication of just how serious these events are taken by the Govt is by the direct control of them by the WH.

I say save the lives of our soldiers and civilians. We should be happy we have this tool available.

How many lives has it saved already? That's the question that should be asked.
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jhAT2019bookDOTcom replies:
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There is PROOF the US has killing squads that don't need public opinion or judge and jury. Pg 217 of book 2019 by J.H. with bibli
venusvegasvada replies:
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@Jumkey,

Your way out in left field by a weak attempt in making this sound like it's some random selection, as if they flipped open the phone book and just selected a totally innocent person to hit by throwing a dart at a page.

Typical comments from people who have zero understanding of what the @#$@ is going on. Go back to watching "Bait Car" or whatever it is your doing when not posting here.
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disinterested-3rd-party says:
An American government with kill-lists and drones flying over sovereign borders with no legal authority? Everyone, from Americans to the U.N., is asking how this can be moral. History repeats itself. Citizens become nervous when they sense their government is becoming too powerful. And it is.
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Rafterman11 replies:
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As long as the targets remain terrorists who claim to be at war with the US, we will continue to be at war with them as well. Sovereignty is lost when a country harbors these soldier terrorists.
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vsmit says:
That evil George Bush, torture! We should arrest and try him for that crime. But then there is Obama, with his KILL LIST. That isn't torture, is it? That should be OK. At least assassination of U.S. citizens is a quick way to go.
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Rafterman11 replies:
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Torture is immoral and against the Geneva Convention. Killing enemy soldiers (terrorists) while at war with them is legal.
duzmafuzt replies:
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Got it. The old dictator in between the two (smarter than us) lawyer/ professional life long politicians, was an idiot. He was an idiot because he did his best to stay out of the way of our military leaders. The current leader is only capable of blaming the old dictator for the bad economy, while taking credit for what the silent professionals, and the old dictators administration did in preparation of finding the Laden guy. Funny too that drones were perfected under the Bush administration, for use in the Obama. administration. Drones were used in the during Bush administration. Alas, no credit was taken, by President Bush. So whom is more of an idiot? (canadian chick? "He's an idiot") President Bush, for keeping drone activity out of the media, or President Obama for inviting the ACLU or the NYT to exercise the Freedom of Info. Act? Obama...because he knows the complacency of the media in reporting anything critical of his administration!! LOL Gotta luv it!!
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unclebernies says:
Why would the NYT and the ACLU want to compromise national security is my big question.
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facepalmfrank replies:
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They should know this administration only leaks sensitive documents when it helps them in upcoming elections.
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