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ACLU v. U.S. DEPT. OF DEFENSE

Docket No. 17-779 August Term 2017.

901 F.3d 125 (2018)

AMERICAN CIVIL LIBERTIES UNION, Center for Constitutional Rights, Inc., Physicians for Human Rights, Veterans for Common Sense, Veterans for Peace, Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF DEFENSE, its components Department of Army, Department of Navy, Department of Air Force, Defense Intelligence Agency, United States Department of the Army, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: August 21, 2018.

Amended: August 22, 2018.

Attorney(s) appearing for the Case

LAWRENCE S. LUSTBERG , Gibbons P.C., Newark, NJ ( Avram D. Frey , Gibbons P.C., Newark, NJ; Dror Ladin , American Civil Liberties Union Foundation, New York, NY, on the brief) for Plaintiffs-Appellees.

BENJAMIN H. TORRANCE , Assistant United States Attorney ( Sarah S. Normand , Assistant United States Attorney; Chad A. Readler , Acting Assistant Attorney General, Douglas N. Letter , Matthew M. Collette , Catherine H. Dorsey , Attorneys, Appellate Staff Civil Division, Department of Justice, on the brief) for Geoffrey S. Berman , United States Attorney for the Southern District of New York, for Defendants-Appellants.

Before: Jacobs, Leval, and Wesley, Circuit Judges.

This appeal is the latest installment in lengthy litigation relating to photographs of detainees taken by U.S. Army personnel at military detention facilities in Afghanistan and Iraq in the wake of September 11, 2001. The American Civil Liberties Union and a number of other organizations (together, "ACLU") initially sought...

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