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ACLU v. U.S. DEPT. OF JUSTICE

Docket Nos. 15-2956(L), 15-3122(XAP) August Term 2016.

844 F.3d 126 (2016)

AMERICAN CIVIL LIBERTIES UNION, American Civil Liberties Union Foundation, Plaintiffs-Appellants-Cross-Appellees, v. UNITED STATES DEPARTMENT OF JUSTICE, including its component the Office of Legal Counsel, United States Department of Defense, including its component U.S. Special Operations Command, Central Intelligence Agency, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided: December 20, 2016.

Attorney(s) appearing for the Case

Brett Max Kaufman , New York, NY ( Jameel Jaffer , Hina Shamsi , Matthew Spurlock , American Civil Liberties Union Foundation, New York, NY, Colin Wicker , Dorsey & Whitney LLP, Minneapolis, MN, on the brief), for Plaintiffs-Appellants-Cross-Appellees.

Sarah S. Normand , Asst. U.S. Atty., New York, NY ( Preet Bharara , U.S. Atty., New York, NY, Benjamin C. Mizer , Principal Deputy Asst. Atty. General, Matthew M. Collette , Sharon Swingle , Civil Division, U.S. Dep't of Justice, Washington, DC, on the brief), for Defendants-Appellees-Cross-Appellants.

Before: NEWMAN, CABRANES, and POOLER, Circuit Judges.

This is the third appellate round of a case brought under the Freedom of Information Act ("FOIA"). The case began in February 2012 to challenge responses to FOIA requests made in October 2011 to the Office of Legal Counsel ("OLC") of the Department of Justice ("DOJ"), the Central Intelligence Agency ("CIA"), and the...

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