USG's Brief in Al-Aulaqi

Here is the U.S. Government’s brief in support of its motion to dismiss the ACLU targeting killing case, Al-Aulaqi v. Obama.  The government's general comment on the case is as follows:

The injunction plaintiff seeks would be unprecedented, improper, and extraordinarily dangerous, regardless of the truth of his allegations (which the United States does not and cannot confirm or deny). That requested injunction would necessarily and improperly inject the courts into decisions of the President and his advisors about how to protect the American people from the threat of armed attacks, including imminent threats, posed by a foreign organization against which the political branches have authorized the use of necessary and appropriate force.

As expected, the government argues that the case must be dismissed because (among other reasons): (a) Al-Aulaqi's father lacks standing (and because plaintiff's requested relief is based on unfounded speculation about Executive branch intentions); (b) the requested relief raises non-justiciable political questions; and (c) the state secrets privilege bars disclosure of evidence necessary to determine plaintiff's standing and entitlement to relief.