ACLU v. DOD - FOIA Case Seeking Trump Administration's Secret Rules for Lethal Strikes Abroad
What's at Stake
In October 2017, the Trump administration secretly adopted rules governing the use of lethal force in drone strikes and other killings abroad. These rules, known as the “Principles, Standards, and Procedures,” reportedly loosen Obama-era safeguards against civilian casualties outside “areas of active hostilities.” On October 30, 2017, the ACLU filed a request under the Freedom of Information Act seeking public disclosure of these new rules. When the government failed to release them, we filed a lawsuit on December 21, 2017, to force their disclosure. The government responded by refusing even to acknowledge that the new rules exist. We challenged this unjustifiable secrecy—and on September 29, 2020, a federal court ordered that the government cannot keep the existence of its new killing rules a secret. Our fight to expose the contents of the rules goes on.
Summary
The Trump lethal force rules modify the Obama administration’s rules, which were issued in 2013 and are known as the Presidential Policy Guidance (PPG). The Obama administration initially kept its rules secret, but we forced their disclosure through a previous ACLU FOIA lawsuit. That disclosure showed that the Obama administration was entrenching its approach of applying permissive law-of-war–based killing rules outside of recognized battlefields—where the law of war does not apply, but strong human rights safeguards against extrajudicial and arbitrary killing do apply. At the same time, the PPG included important policy constraints intended to limit harm to civilians.
In October 2017, the New York Times reported that the Trump administration had replaced the Obama rules with its own, called the “Principles, Standards, and Procedures,” or PSP. The Trump administration’s reported changes make it easier to kill more people in more places outside recognized battlefields, posing grave risks of death and injury to civilians. According to media reports, the Trump rules eliminate the requirement that a person must present a “continuing, imminent” threat to the United States before being targeted for killing, as well as a high-level vetting process previously required for each individual strike. We do not know whether the new Trump policy maintains other Obama-era safeguards, such as the requirement that capture of a suspect be deemed infeasible before lethal force is used.
The human rights consequences of the Trump administration’s rules for lethal strikes abroad are disastrous, and the public has a right to know those rules.
Legal Documents
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09/30/2021
Joint Stipulation for Dismissal with Prejudice -
05/27/2021
Joint Status Report -
12/07/2020
Court Approval of the Parties' Proposed Schedule -
10/20/2020
Court Approval of Defs' Request to Extend Deadline to Submit Schedule for their Compliance with September 29, 2020 Order -
10/06/2020
Memorandum Opinion -
09/29/2020
Order Granting ACLU's Cross-Motion for Summary Judgment & Denying Defs' Motion for Summary Judgment -
08/26/2020
ACLU's Letter in Response to Defs' Letter on Recent Opinions of the Second Circuit -
08/19/2020
Defs' Letter on Recent Opinions of the Second Circuit -
05/06/2020
ACLU's Reply Memorandum of Law in Opposition to Defs' Motion for Summary Judgment and in Support of ACLU's Cross-Motion for Partial Summary Judgment -
04/15/2020
Defs' Memorandum of Law in Support of Motion for Summary Judgment and Opposition to ACLU's Cross-Motion for Summary Judgment -
03/25/2020
Hogle Declaration -
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03/25/2020
Exhibit 2.1 -
03/25/2020
Exhibit 2.2 -
03/25/2020
Exhibit 2.3 -
03/25/2020
Exhibit 2.4 -
03/25/2020
Exhibit 2.5 -
03/25/2020
Exhibit 2.6 -
03/25/2020
Exhibit 2.7 -
03/25/2020
Exhibit 3 -
03/25/2020
Exhibit 4
ACLU v. DOD - FOIA Case Seeking Trump Administration's Secret Rules for Lethal Strikes AbroadLegal DocumentsExhibit 2.1Date Filed: 03/25/2020
Court: District Court (S.D.N.Y.)
ACLU v. DOD - FOIA Case Seeking Trump Administration's Secret Rules for Lethal Strikes AbroadLegal DocumentsExhibit 2.2Date Filed: 03/25/2020
Court: District Court (S.D.N.Y.)
ACLU v. DOD - FOIA Case Seeking Trump Administration's Secret Rules for Lethal Strikes AbroadLegal DocumentsExhibit 2.3Date Filed: 03/25/2020
Court: District Court (S.D.N.Y.)
ACLU v. DOD - FOIA Case Seeking Trump Administration's Secret Rules for Lethal Strikes AbroadLegal DocumentsExhibit 2.4Date Filed: 03/25/2020
Court: District Court (S.D.N.Y.)
ACLU v. DOD - FOIA Case Seeking Trump Administration's Secret Rules for Lethal Strikes AbroadLegal DocumentsExhibit 2.5Date Filed: 03/25/2020
Court: District Court (S.D.N.Y.)
ACLU v. DOD - FOIA Case Seeking Trump Administration's Secret Rules for Lethal Strikes AbroadLegal DocumentsExhibit 2.6Date Filed: 03/25/2020
Court: District Court (S.D.N.Y.)
ACLU v. DOD - FOIA Case Seeking Trump Administration's Secret Rules for Lethal Strikes AbroadLegal DocumentsExhibit 2.7Date Filed: 03/25/2020
Court: District Court (S.D.N.Y.)
ACLU v. DOD - FOIA Case Seeking Trump Administration's Secret Rules for Lethal Strikes AbroadLegal DocumentsExhibit 3Date Filed: 03/25/2020
Court: District Court (S.D.N.Y.)
ACLU v. DOD - FOIA Case Seeking Trump Administration's Secret Rules for Lethal Strikes AbroadLegal DocumentsExhibit 4Date Filed: 03/25/2020
Court: District Court (S.D.N.Y.)
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03/25/2020
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03/25/2020
Memorandum of Law in Support of ACLU's Cross-Motion for Partial Summary Judgment -
02/26/2020
Defs' Memorandum of Law in Support of Defs' Motion for Summary Judgment -
02/26/2020
Declaration of Ellen J. Knight -
01/13/2020
Government Letter re ACLU & NYT's Motions for Summary Judgment -
01/08/2020
ACLU’s Letter re Anticipated Motion for Partial Summary Judgment -
02/01/2018
Government Answer -
12/21/2017
Complaint -
10/30/2017
PSP FOIA Request
Date Filed: 09/30/2021
Court: District Court (S.D.N.Y.)
Date Filed: 05/27/2021
Court: District Court (S.D.N.Y.)
Date Filed: 12/07/2020
Court: District Court (S.D.N.Y.)
Date Filed: 10/20/2020
Court: District Court (S.D.N.Y.)
Date Filed: 10/06/2020
Court: District Court (S.D.N.Y.)
Date Filed: 09/29/2020
Court: District Court (S.D.N.Y.)
Date Filed: 08/26/2020
Court: District Court (S.D.N.Y.)
Date Filed: 08/19/2020
Court: District Court (S.D.N.Y.)
Date Filed: 05/06/2020
Court: District Court (S.D.N.Y.)
Date Filed: 04/15/2020
Court: District Court (S.D.N.Y.)
Date Filed: 03/25/2020
Court: District Court (S.D.N.Y.)
Date Filed: 03/25/2020
Court: District Court (S.D.N.Y.)
Date Filed: 02/26/2020
Court: District Court (S.D.N.Y.)
Date Filed: 02/26/2020
Court: District Court (S.D.N.Y.)
Date Filed: 01/13/2020
Court: District Court (S.D.N.Y.)
Date Filed: 01/08/2020
Court: District Court (S.D.N.Y.)
Date Filed: 02/01/2018
Court: District Court (S.D.N.Y.)
Date Filed: 12/21/2017
Court: District Court (S.D.N.Y.)
Date Filed: 10/30/2017
Court: District Court (S.D.N.Y.)