oip drone white paper

24
U.S. Department of Justice Office of Information Policy Suite 11050 1425 New York Avenue, NW Washington, DC 20530-0001 Telephone: (202) 514-3642 September 5, 2014 Mr. Jason Leopold Re: AG/12-01312 (F) DAG/12-01313 (F) OLA/12-01314 (F) Dear Mr. Leopold: This is a final response to your Freedom of Information Act (FOIA) request dated and received in this Office on August 13, 2012, in which you requested (1) specific records the Department of Justice provided to members of Congress or any member of the Obama administration concerning the use of unmanned aerial vehicles, commonly referred to as "drones," for purposes of lethal force against terrorist targets in other countries, and (2) correspondence from members of Congress to the Department concerning the legal rationale regarding the use of drones against terrorist targets from January 2010 to the present. This response is made on behalf of the Offices of the Attorney General, Deputy Attorney General and Legislative Affairs. By letter dated August 22, 2014, we provided you with our third interim release, and informed you that we were continuing to process one remaining document which required consultation with other Offices. Our review of this document is now complete, and I have determined that this document can be released with excisions made pursuant to Exemptions 1 and 3 of the FOIA, 5 U.S.C. § 552(b)(1), (b)(3). In this instance, Exemption 1 pertains to information that is properly classified in the interest of national security pursuant to Section 1.4(c) of Executive Order 13526. Exemption 3 pertains to information exempted from release by statute, in this instance the National Security Act, 50 U.S.C. § 403-1(i)(1), and the CIA Act, 50 U.S.C. § 403g. None of this information is appropriate for discretionary disclosure. Lastly, please be advised that this final production is a different document than the unclassified draft Department of Justice white paper produced on February 8, 2013. For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. § 552(c) (2006 & Supp. IV 2013). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.

Upload: jeffreylight7650

Post on 18-Jan-2016

82 views

Category:

Documents


0 download

DESCRIPTION

White paper on legality of using drones to kill a US Citizen in Yemen. Released to reporter Jason Leopold as part of a FOIA lawsuit.

TRANSCRIPT

Page 1: OIP Drone White Paper

U.S. Department of Justice Office of Information Policy Suite 11050

1425 New York Avenue, NW

Washington, DC 20530-0001

Telephone: (202) 514-3642 September 5, 2014 Mr. Jason Leopold

Re: AG/12-01312 (F) DAG/12-01313 (F)

OLA/12-01314 (F)

Dear Mr. Leopold: This is a final response to your Freedom of Information Act (FOIA) request dated and received in this Office on August 13, 2012, in which you requested (1) specific records the Department of Justice provided to members of Congress or any member of the Obama administration concerning the use of unmanned aerial vehicles, commonly referred to as "drones," for purposes of lethal force against terrorist targets in other countries, and (2) correspondence from members of Congress to the Department concerning the legal rationale regarding the use of drones against terrorist targets from January 2010 to the present. This response is made on behalf of the Offices of the Attorney General, Deputy Attorney General and Legislative Affairs. By letter dated August 22, 2014, we provided you with our third interim release, and informed you that we were continuing to process one remaining document which required consultation with other Offices. Our review of this document is now complete, and I have determined that this document can be released with excisions made pursuant to Exemptions 1 and 3 of the FOIA, 5 U.S.C. § 552(b)(1), (b)(3). In this instance, Exemption 1 pertains to information that is properly classified in the interest of national security pursuant to Section 1.4(c) of Executive Order 13526. Exemption 3 pertains to information exempted from release by statute, in this instance the National Security Act, 50 U.S.C. § 403-1(i)(1), and the CIA Act, 50 U.S.C. § 403g. None of this information is appropriate for discretionary disclosure. Lastly, please be advised that this final production is a different document than the unclassified draft Department of Justice white paper produced on February 8, 2013.

For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. § 552(c) (2006 & Supp. IV 2013). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.

Page 2: OIP Drone White Paper

-2-

Although I am aware that your request is the subject of ongoing litigation and that administrative appeals are not ordinarily acted on in such situations, I am required by statute and regulation to inform you of your right to file an administrative appeal. Sincerely,

Douglas R. Hibbard Senior Advisor, IR Staff Enclosure

Page 3: OIP Drone White Paper
Page 4: OIP Drone White Paper
Page 5: OIP Drone White Paper
Page 6: OIP Drone White Paper
Page 7: OIP Drone White Paper
Page 8: OIP Drone White Paper
Page 9: OIP Drone White Paper
Page 10: OIP Drone White Paper
Page 11: OIP Drone White Paper
Page 12: OIP Drone White Paper
Page 13: OIP Drone White Paper
Page 14: OIP Drone White Paper
Page 15: OIP Drone White Paper
Page 16: OIP Drone White Paper
Page 17: OIP Drone White Paper
Page 18: OIP Drone White Paper
Page 19: OIP Drone White Paper
Page 20: OIP Drone White Paper
Page 21: OIP Drone White Paper
Page 22: OIP Drone White Paper
Page 23: OIP Drone White Paper
Page 24: OIP Drone White Paper