On Sept. 20, in the court of appeals in Washington, D.C., the United States government vigorously argued to keep secret one of Washington’s most well-known facts. The drone campaign of targeted killing in the Middle East (principally Pakistan, but also in Iraq, Afghanistan, Yemen and Somalia) has been conducted since 2008, was ramped up by the Obama administration, and has been regarded as one of the most important parts of the U.S. defense against terrorism.

Yet the government has pulled out all the stops in fighting the ACLU’s two-year-old Freedom of Information Act suit, which was filed to require that the legal basis of the program be disclosed. At the same time, the administration is publicly offering legal justifications, and repeatedly leaking information about the program to the press.

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