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The Law Executive Branch Legal Analysis for National Security Policy: Who Controls Access to Legal Memos?
Legal interpretation of governmental authority in the national security realm has attracted extraordinary prominence recently, in light of constantly emerging revelations of controversial policies. Lawsuits seeking access under the Freedom of Information Act to confidential executive branch legal analysis justifying these policies have started in the federal courts, only to be met with refusals by the Department of Justice to release its legal opinions. This article examines litigation seeking Office of Legal Counsel opinions justifying the Obama administration’s targeted killing program and Federal Bureau of Investigation authority to gather call information, without using any legal process, from telecommunications companies.
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