This article is from the source 'nytimes' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.nytimes.com/2014/05/29/us/politics/us-asks-court-to-censor-more-parts-of-target-killing-memo.html

The article has changed 7 times. There is an RSS feed of changes available.

Version 0 Version 1
U.S. Asks Court to Censor More Parts of Target-Killing Memo U.S. Asks Court to Censor More Parts of Targeted-Killing Memo
(35 minutes later)
WASHINGTON — One week after the Obama administration said it would comply with a federal appeals court ruling ordering it to make public portions of a Justice Department memo that signed off on the targeted killing of a United States citizen, the administration is now asking the court for permission to censor additional passages of the document.WASHINGTON — One week after the Obama administration said it would comply with a federal appeals court ruling ordering it to make public portions of a Justice Department memo that signed off on the targeted killing of a United States citizen, the administration is now asking the court for permission to censor additional passages of the document.
In the interim, the Senate voted narrowly last week to confirm David Barron, the former Justice Department official who was the memo’s principal author, to an appeals court judgeship. At least one Democratic senator who had opposed Mr. Barron over the secrecy surrounding his memo voted for him after the administration said it would release it.In the interim, the Senate voted narrowly last week to confirm David Barron, the former Justice Department official who was the memo’s principal author, to an appeals court judgeship. At least one Democratic senator who had opposed Mr. Barron over the secrecy surrounding his memo voted for him after the administration said it would release it.
The 41-page memo, dated July 16, 2010, cleared the way for a drone strike in Yemen in September 2011 that killed Anwar al-Awlaki, an American citizen accused by intelligence officials of plotting terrorist attacks. The American Civil Liberties Union and The New York Times are seeking the memo’s public disclosure in lawsuits under the Freedom of Information Act.The 41-page memo, dated July 16, 2010, cleared the way for a drone strike in Yemen in September 2011 that killed Anwar al-Awlaki, an American citizen accused by intelligence officials of plotting terrorist attacks. The American Civil Liberties Union and The New York Times are seeking the memo’s public disclosure in lawsuits under the Freedom of Information Act.
The Justice Department said it would still soon disclose a version of the memo with the additional passages it wants to keep redacted blacked out. It said the additional passages discuss classified facts, not legal reasoning.The Justice Department said it would still soon disclose a version of the memo with the additional passages it wants to keep redacted blacked out. It said the additional passages discuss classified facts, not legal reasoning.
In January 2013, a Federal District Court judge ruled that the government could withhold the memo from the public entirely. But this April, a panel on the United States Court of Appeals for the Second Circuit, in New York, ruled that the government must make public portions of the memo that lay out legal analysis, though not facts based on classified intelligence.In January 2013, a Federal District Court judge ruled that the government could withhold the memo from the public entirely. But this April, a panel on the United States Court of Appeals for the Second Circuit, in New York, ruled that the government must make public portions of the memo that lay out legal analysis, though not facts based on classified intelligence.
The Second Circuit’s opinion specified which passages of the memo should be disclosed and which should be redacted. But in a new court filing, Sarah Normand, an assistant United States attorney, said that the sections of the memo that the court had designated for public release contained further information that should still be exempt from disclosure.The Second Circuit’s opinion specified which passages of the memo should be disclosed and which should be redacted. But in a new court filing, Sarah Normand, an assistant United States attorney, said that the sections of the memo that the court had designated for public release contained further information that should still be exempt from disclosure.
“Some of the information appears to have been ordered disclosed based on inadvertence or mistake, or is subject to distinct exemption claims or other legal protections that have never been judicially considered,” Ms. Normand wrote. “Some of the information appears to have been ordered disclosed based on inadvertence or mistake, or is subject to distinct exemption claims or other legal protections that have never been judicially considered,” Ms. Normand wrote
The Justice Department is asking to make its request for additional redactions in a sealed filing. Lawyers for both The Times and the A.C.L.U. said they would oppose the effort.The Justice Department is asking to make its request for additional redactions in a sealed filing. Lawyers for both The Times and the A.C.L.U. said they would oppose the effort.
“The government should be able to tell the public, at least in general terms, what kind of information it’s trying to keep secret, and why,” said Jameel Jaffer, an A.C.L.U. lawyer, adding that “the government shouldn’t be permitted to continue to deprive the public of information it’s already withheld unlawfully for more than two years.”
The court had previously agreed to redact 35 passages in two rounds of back-and-forth with the government more than a month ago. It was not clear how many additional passages it now wants to black out.The court had previously agreed to redact 35 passages in two rounds of back-and-forth with the government more than a month ago. It was not clear how many additional passages it now wants to black out.
Solicitor General Donald B. Verrilli Jr.'s decision to release the memo changed the politics of Mr. Barron’s confirmation fight. In particular, Senator Mark Udall, Democrat of Colorado, who had said he would oppose Mr. Barron because of the administration’s secrecy, said he would support him. Last week, the administration said that Solicitor General Donald B. Verrilli Jr. had decided to release the memo but would file a limited appeal to keep some facts redacted in the final public version of the court’s ruling. Among the information redacted in the ruling is the identity of an agency, in addition to the Defense Department, that had an operational role in the drone strike that killed Mr. Awlaki. Although it is widely known that the C.I.A. operates drones, including from a base in Saudi Arabia, and that it participated in the operation that killed Mr. Awlaki, the Obama administration still officially treats that information as secret.
“I am proud the administration appears to have heeded my call and committed to abide by a recent Second Circuit Court ruling and publicly release this memo,” Mr. Udall said in a statement at the time. “With this decision, I am now able to support the nomination of David Barron to the federal bench.” Mr. Verrilli’s decision to release the memo changed the politics of Mr. Barron’s confirmation fight. In particular, Senator Mark Udall, Democrat of Colorado, who had said he would oppose Mr. Barron because of the administration’s secrecy, said he would support him.
The vote to confirm Mr. Barron was narrow: 53 to 45, with no Republicans supporting him, and two Democrats voting against him. Mr. Udall had focused on obtaining for the public the government’s legal reasoning. In a statement on Wednesday, Mr. Udall said the administration had told him as well that its additional “redactions to the memo would focus on still-classified information — not the legal reasoning itself.” He added that “I intend to hold the White House to its word.”
.