Second Circuit — Freedom of Information Act: The New York Times Company v. United States

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U.S. Court of Appeals for the Second Circuit

Freedom of Information Act

Exemptions — Legal Analysis — Waiver

The New York Times Company v. United States
13-422-cv
Judges Newman, Cabranes and Pooler

Background: The plaintiff appealed from the dismissal of its action commenced under the Freedom of Information Act seeking documents relating to targeted killings of United States citizens carried out by drone aircraft.

Ruling: The Second Circuit reversed in part and affirmed in part. The court held that redacted versions of two of the disputed documents must be disclosed. The court noted that as those parts of the documents pertaining to legal analysis were waived from exemption, such waiver did not necessitate the entire document be closed. Further, the defendant Department of Defense and Central Intelligence Agencies must submit Vaughn indices for an in camera inspection and determination of appropriate disclosure and appropriate redaction.

David E. McCraw of the New York Times Company, Jameel Jaffer of the American Civil Liberties Union Foundation, for the plaintiffs-appellants; Sharon Swingle, U.S. appellate staff attorney, for the defendants-appellees