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AMERICAN CIVIL LIBERTIES UNION v. DEPT. OF JUSTICE

Docket No. 17-157 August Term 2017.

894 F.3d 490 (2018)

AMERICAN CIVIL LIBERTIES UNION, American Civil Liberties Union Foundation, Plaintiffs-Appellees, v. DEPARTMENT OF JUSTICE, including its components the Office of Legal Counsel and Office of Information Policy, Department of Defense, Department of State, Central Intelligence Agency, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: July 5, 2018.

Attorney(s) appearing for the Case

Sarah S. Normand , Asst. U.S. Atty., New York, NY ( Joon H. Kim , Acting U.S. Atty., New York, NY, Chad A. Readler , Acting Asst. Atty. General, Matthew M. Collette , Sharon Swingle , Civil Division, U.S. Department of Justice, Washington, DC, on the brief), for Defendants-Appellants U.S. Department of Justice, U.S. Department of Defense, U.S. Department of State, and Central Intelligence Agency.

Hina Shamsi , American Civil Liberties Union Foundation, New York, NY (Brett Max Kaufman, Anna Diakun , American Civil Liberties Union Foundation, New York, NY, on the brief), for Plaintiffs-Appellees American Civil Liberties Union and American Civil Liberties Union Foundation.

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

This is the fourth and hopefully last appeal in protracted Freedom of Information Act ("FOIA") litigation, begun in 2011, seeking documents relating to lethal drone strikes. See New York Times Co. v. U.S. Dep't of Justice, 756 F.3d 100 (2d Cir. 2014) ("NYTimes I");

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