More from the Government's Al Aulaqi Filing

Benjamin Wittes
Saturday, September 25, 2010, 11:57 PM
Jack has already posted the government's brief in opposition to the ACLU's and CCR's request for a preliminary injunction and in support of its motion to dismiss. The government, however, filed some other interesting documents along with this lengthy brief. On the mundane end, there is the government's motion to dismiss itself.

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Jack has already posted the government's brief in opposition to the ACLU's and CCR's request for a preliminary injunction and in support of its motion to dismiss. The government, however, filed some other interesting documents along with this lengthy brief. On the mundane end, there is the government's motion to dismiss itself. More interesting are the various declarations the government filed in support of its state secrets assertion. Exhibit 1 is an 11-page declaration from Director of National Intelligence James Clapper invoking the state secrets privilege. Exhibit 2 is the attorney general's September 23, 2009 memo on "Policies and Procedures Governing Invocation of the State Secrets Privilege." Exhibit 4 is a 6-page declaration from Defense Secretary Robert Gates invoking the state secrets privilege. And Exhibit 5 is a 4-page declaration by CIA Director Leon Panetta invoking the privilege. We will have more analysis of all of these documents, I'm sure, in the days to come. For now, I put them out for your reading pleasure.

Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books.

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