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FOIA Lawsuit Reveals DOJ Can Release Legal Memos on Domestic Surveillance In March

National Security Archives press release: “Under pressure from a Freedom of Information Act lawsuit, the Justice Department on February 10 conceded in federal court that it could begin releasing as early as March 3 the internal legal memos relied on by the Bush administration in setting up the controversial National Security Agency warrantless wiretapping program. The National Security Archive, along with the American Civil Liberties Union (“ACLU”), this week joined the Electronic Privacy Information Center in a Freedom of Information Act lawsuit against the Department of Justice seeking to compel the immediate disclosure of the internal legal justifications for the surveillance program. The filing this week by the Archive and the ACLU was consolidated with a suit filed on January 19, 2006, by the Electronic Privacy Information Center (“EPIC”) that requested the federal court in Washington to issue a preliminary injunction requiring the release of relevant documents within 20 days-which Judge Henry H. Kennedy, Jr. considered at a formal hearing today.”

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