Thursday, January 03, 2013
NY Times loses bid to uncover details on drone strikes
By Jonathan Stempel and Jennifer Saba
NEW YORK (Reuters) -
A federal judge on Wednesday rejected The New York Times' bid to force the U.S. government to disclose more information about its targeted killing of people, including American citizens, who it believes have ties to terrorism.
U.S. District Judge Colleen McMahon in Manhattan said the Obama administration did not violate the law by refusing the Times' request for the legal justifications for targeted killings, a strategy the Times said was first contemplated by the Bush administration soon after the September 11, 2001 attacks.
McMahon appeared reluctant to rule as she did, noting in her decision that disclosure could help the public understand the "vast and seemingly ever-growing exercise in which we have been engaged for well over a decade, at great cost in lives, treasure, and (at least in the minds of some) personal liberty."
Nonetheless, she said the government was not obligated to turn over materials the Times had sought under the federal Freedom of Information Act (FOIA), even though it had such materials in its possession.
"The Alice-in-Wonderland nature of this pronouncement is not lost on me," McMahon said in her 68-page decision.
The newspaper and two reporters, Charlie Savage and Scott Shane, had sued the government for details about the government's drone program, including the late 2011 killings of U.S. citizens Anwar al-Awlaki and his 16-year-old son Abdulrahman in separate strikes in Yemen.
Civil liberties groups have attacked the drone program, which deploys pilotless aircraft, as an effective green light for the government to kill Americans without constitutionally-required due process. U.S. Attorney General Eric Holder has rejected that contention.
Among the materials sought by the Times was a memorandum that the newspaper had in early October 2011 reported had been prepared by the U.S. Department of Justice's Office of Legal Counsel, citing people who had read the document.
The Times said this memorandum had authorized the "legal targeting" of Anwar al-Awlaki, a U.S.-born Muslim cleric who joined al Qaeda's Yemen affiliate and directed many attacks.
APPEAL PLANNED
The Times said it plans to appeal McMahon's decision.
"We began this litigation because we believed our readers deserved to know more about the U.S. government's legal position on the use of targeted killings against persons having ties to terrorism, including U.S. citizens," New York Times assistant general counsel David McCraw said in a statement.
He said McMahon, despite ruling for the government, explained "eloquently ... why in a democracy the government should be addressing those questions openly and fully."
Dean Boyd, a spokesman for the U.S. Department of Justice, said that agency is reviewing the decision.
McMahon also rejected information requests in a parallel lawsuit by the American Civil Liberties Union. Its lawyers were not immediately available to comment.
PROGRAM ON "TIGHT LEASH"
Citing protections envisioned by the Constitution's framers, McMahon said there were "legitimate reasons, historical and legal" to question whether the administration could unilaterally authorize killings taking place outside a "hot" field of battle.
But she rejected the Times' argument that the administration could not rely on exemptions from having to disclose classified or privileged material by virtue of having made at least two dozen public statements about the targeted killing program.
Among these were Obama's statements in a January 30, 2012 online forum that the government was "judicious" in its use of drones, and that the program was "kept on a very tight leash."
She also cited a March 5, 2012 speech at Northwestern University School of Law in Chicago where Holder said the government could lawfully use lethal force in a foreign country against U.S. citizens who had senior operational roles in al-Qaeda and were "actively engaged" in efforts to kill Americans.
McMahon dismissed the entire case except for one small issue related to two unclassified memos.
The cases are New York Times Co et al v. U.S. Department of Justice, U.S. District Court, Southern District of New York, No. 11-09336; and American Civil Liberties Union et al v. U.S. Department of Justice in the same court, No. 12-00794.
- Malaysian Buddhists celebrate Wesak Day
- Robber shot dead after attacking out-of-uniform cop with meat cleaver
- PKR preparing five-year GE14 'war' plan, says Azmin
- Tian, Tamrin and Haris released after remand denied (updated)
- Sea lanes, barter trading to be reviewed, says Esscom D-G
- Najib and Palanivel to discuss deaths in police custody
- Single-party Barisan Nasional is feasible, says Muhyiddin
- Rafizi: PKR filing election petition for Balik Pulau parliamentary seat
- Karpal calls for state-level Senate elections
- Copies of Opposition tabloids seized for violating permit
- Rally organisers told to adhere to Act or face the music
- Three held over May 13 statements

- Umno leaders back police action against those who utter seditious remarks
- KL car number plates to bear ‘W1A’
- Thousands throng thanksgiving rally by DAP

- Malaysia tycoon Vincent Tan plans IPO of football club Cardiff City
- Google, like Facebook, in talks to buy Waze for about US$1bil
- Crown selling entire 10% in rival Echo, partly owned by Genting(Update)
- First edition of 'Great Gatsby' to be sold at auction, can fetch US$150,000
- Malaysia leads the way in Basel III debt
- Markets face rough summer ride as Fed pullback feared
- Wall Street sags, HP hits 52-week high
- Commodities trader sues BP, Shell others for alleged oil price fixing
- Billionaire Icahn seeks up to US$7bil for Dell bid
- Google faces new federal antitrust probe
- Goldman Sachs unveils checks on conflicts in bid to fix tarnished image
- Air Asia's Tony Fernandes to ‘fire up’ investors
- Maybank bullish on growth, to expand regionally under new leadership
- Khazanah appoints Nor Mohamed deputy chairman
- Lafarge Malayan Cement to finalise next expansion plans by August
- London's Heathrow airport closed after emergency landing
- Far East quake felt in Moscow, tsunami warning lifted
- Police make new arrests in London soldier killing
- Britain's press demands jailing of Islamist preacher
- Tsunami warning in Russia's Far East after 8.2 quake
- US bridge collapse sends cars, people into river
- Strong quake strikes off Tonga
- Jury fails to decide on US murderer death sentence
- One killed in Brazil giant fuel depot blaze
- Kingston leads, McIlroy in Wentworth woe
- LPGA plans 12-hole rounds in water-logged Bahamas
- Ryan Palmer sizzles with 62 to seize lead at Colonial
- Kelly overcomes scare to clinch title in KLGCC
- Time to make amends Garcia wants to meet Woods to defuse racist row
- American Johnson back to defend Colonial crown
- Rain dampens debut of LPGA Bahamas event
- Tianlang adds another US event to schedule
- Clock ticking for next golden generation
- Nadal wants to create history at Roland Garros
- Serena out to tame French Open demons
- Zheng Jie stuns Wozniacki in Brussels
- British Open: Ramy Ashour racks up 38th successive win
- Nicol David sails into quarter-finals of British Open in 35 minutes
- BAM must stop rewarding mediocrity or be doomed
- KL car number plates to bear ‘W1A’
- Fernandes does his first firing in Apprentice Asia
- Thousands throng thanksgiving rally by DAP
- Three held over May 13 statements
- Rally organisers told to adhere to Act or face the music
- DJ stands by hubby in molest case
- Adam pleads not guilty to giving seditious speech
- Copies of Opposition tabloids seized for violating permit
- Umno leaders back police action against those who utter seditious remarks
- Large migrant population a security risk to Sabah, RCI told
- Air Asia's Tony Fernandes to ‘fire up’ investors
- Singapore GDP growth surprises, beats economists’ forecast of contraction
- KL car number plates to bear ‘W1A’
- Tian, Tamrin and Haris released after remand denied (updated)
- Malaysia leads the way in Basel III debt
- Three held over May 13 statements
- Inventions a-plenty, but no real innovation
- Fernandes does his first firing in Apprentice Asia
- Wall Street sags, HP hits 52-week high
- Malaysia tycoon Vincent Tan plans IPO of football club Cardiff City

