American Civil Liberties Union v. Dept. of Justice, No. 10-4290 (2d Cir. 2012)
Annotate this CaseThe Government appealed from the district court's judgment requiring the Government to disclose, pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 552, information redacted from two memoranda prepared by the OLC. The Government contended that the redactions were justified under FOIA because the information pertained to a highly classified, active intelligence method. The court concluded that the Government could withhold this information under FOIA Exemption 1. Plaintiffs challenged the judgment insofar as it sustained the Government's withholding of certain records relating to the use of waterboarding and a photograph of a high-value detainee in custody. The court agreed with the district court that the materials at issue were exempt from disclosure. The district court erred, however, in requiring the Government to disclose the classified information redacted from the two memoranda.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.