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AMERICAN CIVIL LIBERTIES UNION v. DEPT. OF JUSTICE

Nos. 10-4290-cv(L), 10-4289-cv(CON), 10-4647-cv(XAP), 10-4668-cv(XAP).

681 F.3d 61 (2012)

AMERICAN CIVIL LIBERTIES UNION, Center for Constitutional Rights, Incorporated, Physicians for Human Rights, Veterans for Common Sense, Veterans for Peace, Plaintiffs-Appellees-Cross-Appellants, v. DEPARTMENT OF JUSTICE, and its component Office of Legal Counsel, Central Intelligence Agency, Defendants-Appellants-Cross-Appellees, Department of Defense, and its components Department of Army, Department of Navy, Department of Air Force, Defense Intelligence Agency, Department of Homeland Security, Department of State, Department of Justice components Civil Rights Division, Criminal Division, Office of Information and Privacy, Office of Intelligence, Policy and Review, Federal Bureau of Investigation, Defendants.

United States Court of Appeals, Second Circuit.

Decided: May 21, 2012.

Attorney(s) appearing for the Case

Tara M. La Morte , Assistant United States Attorney ( Amy A. Barcelo , Sarah S. Normand , Assistant United States Attorneys, on the brief), for Preet Bharara, United States Attorney for the Southern District of New York, New York, NY; ( Tony West , Assistant Attorney General, Ian Heath Gershengorn , Deputy Assistant Attorney General, Douglas N. Letter , Matthew M. Collette , Attorneys, Civil Division, Appellate Staff, Department of Justice, Washington, D.C., on the brief), for Defendants-Appellants-Cross-Appellees.

Alexander A. Abdo ( Jameel Jaffer , Judy Rabinovitz , American Civil Liberties Union Foundation, New York, NY; Lawrence S. Lustberg , Alicia L. Bannon , Gibbons, P.C., Newark, NJ; Michael Ratner , Gitanjali Gutierrez , Emilou MacClean , Shayana Kadidal , Center for Constitutional Rights, New York, NY; Beth Haroules , Arthur Eisenberg , New York Civil Liberties Union Foundation, New York, NY, on the brief), for Plaintiffs-Appellees-Cross-Appellants.

Before: WESLEY, CARNEY, Circuit Judges, and CEDARBAUM, District Judge.

WESLEY, Circuit Judge:

The Central Intelligence Agency ("CIA"), the Department of Justice ("DOJ"), and its component Office of Legal Counsel ("OLC") (collectively the "Government") appeal from a portion of an October 1, 2010 judgment of the United States District Court for the Southern District of New York (Hellerstein, J.), requiring the Government to disclose, pursuant to the Freedom of Information Act ("FOIA"), information redacted from two memoranda prepared...

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