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AMERICAN CIVIL LIBERTIES UNION v. C.I.A.

No. 11-5320.

710 F.3d 422 (2013)

AMERICAN CIVIL LIBERTIES UNION and American Civil Liberties Union Foundation, Appellants, v. CENTRAL INTELLIGENCE AGENCY, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided March 15, 2013.

Attorney(s) appearing for the Case

Jameel Jaffer argued the cause for appellants. With him on the briefs were Ben Wizner and Arthur B. Spitzer .

Ranjana Natarajan was on the brief for amici curiae The Bureau of Investigative Journalism, et al. in support of appellants.

Stuart F. Delery , Acting Assistant Attorney General, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Ronald C. Machen Jr. , U.S. Attorney, Beth S. Brinkmann , Deputy Assistant Attorney General, and Matthew M. Collette and Catherine Y. Hancock , Attorneys. Douglas N. Letter and Sharon Swingle , Attorneys, entered appearances.

Opinion for the Court filed by Chief Judge GARLAND.

GARLAND, Chief Judge:

The plaintiffs filed a Freedom of Information Act request for records held by the Central Intelligence Agency pertaining to the use of unmanned aerial vehicles ("drones") to carry out targeted killings. The Agency issued a so-called Glomar response, refusing to confirm or deny that it had any such records. The district court affirmed the Agency's response and granted summary judgment in its favor. The question on appeal is whether the...

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