American Civil Liberties Union v. Department of Defense
Encyclopedia
American Civil Liberties Union v. Department of Defense Case No: 04-CV-4151
(ACLU v. DoD), is a case in United States Federal Court wherein the American Civil Liberties Union
sued the Department of Defense
and the Central Intelligence Agency
under the Freedom of Information Act for the release of still-secret materials —specifically those related to abuse at Abu Ghraib prison in Baghdad
, Iraq
, during the U.S. military Occupation of Iraq. According to already public reports, the abuse began in mid 2003 and was ended in late 2003. Public news reports of the abuse first appeared in April 2004.
In late September, 2005, Federal Judge Alvin Hellerstein
, though affirming the Glomar response
("can neither confirm nor deny") for some documents, found that the ACLU case for FOIA
disclosure was stronger, and that the Glomar application to certain documents was not valid.
(pdf)
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(ACLU v. DoD), is a case in United States Federal Court wherein the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
sued the Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
and the Central Intelligence Agency
Central Intelligence Agency
The Central Intelligence Agency is a civilian intelligence agency of the United States government. It is an executive agency and reports directly to the Director of National Intelligence, responsible for providing national security intelligence assessment to senior United States policymakers...
under the Freedom of Information Act for the release of still-secret materials —specifically those related to abuse at Abu Ghraib prison in Baghdad
Baghdad
Baghdad is the capital of Iraq, as well as the coterminous Baghdad Governorate. The population of Baghdad in 2011 is approximately 7,216,040...
, Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
, during the U.S. military Occupation of Iraq. According to already public reports, the abuse began in mid 2003 and was ended in late 2003. Public news reports of the abuse first appeared in April 2004.
In late September, 2005, Federal Judge Alvin Hellerstein
Alvin Hellerstein
Alvin K. Hellerstein is a senior judge of the U.S. District Court for the Southern District of New York and has been involved in several high-profile cases....
, though affirming the Glomar response
Glomar response
In United States law, the term Glomar response refers to a "neither confirm nor deny" response to Freedom of Information Act requests. There are two instances in which Glomarization has been used...
("can neither confirm nor deny") for some documents, found that the ACLU case for FOIA
Freedom of Information Act (United States)
The Freedom of Information Act is a federal freedom of information law that allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States government. The Act defines agency records subject to disclosure, outlines mandatory disclosure...
disclosure was stronger, and that the Glomar application to certain documents was not valid.
(pdf)
External links
- http://www.aclunc.org/aclunews/news0505/torture.html Case timeline until late 2004
- http://www.nysd.uscourts.gov/courtweb/pdf/D02NYSC/05-05912.PDF 9-29-05 USDJ ruling.