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American Civil Liberties Union v. Central Intelligence Agency

710 F.3d 422 (2013)

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American Civil Liberties Union v. Central Intelligence Agency

United States Court of Appeals for the District of Columbia Circuit
710 F.3d 422 (2013)

Facts

The American Civil Liberties Union (ACLU) (plaintiff) filed a request with the Central Intelligence Agency (CIA) (defendant) under the Freedom of Information Act (FOIA), seeking records held by the CIA related to the use of drones for targeted killings. The CIA issued a Glomar response, refusing to confirm or deny the existence of such records because doing so would harm national security by revealing whether the CIA was involved or had an intelligence interest in drone strikes. The ACLU argued that the CIA could not rely on a Glomar response because the existence of such records had already been officially acknowledged by government representatives. Specifically, the ACLU pointed to public statements by the president regarding drone strikes against al-Qaeda targets and a statement by a former CIA director discussing the efficiency and precision of drone strikes. The district court granted summary judgment in the CIA’s favor, upholding the CIA’s issuance of a Glomar response. The ACLU appealed.

Rule of Law

Issue

Holding and Reasoning (Garland, C.J.)

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