Court Rejects Bulk of Trump Administration's Rationale for Keeping Boat Strikes Memo Secret

As the government continues to bomb civilians in the Caribbean and Eastern Pacific, this decision ordering in camera review of the memo is a crucial win for transparency and accountability

September 30, 2026 1:00 pm

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NEW YORK 鈥� Today, the U.S. District Court for the Southern District of New York rejected several of the Trump administration鈥檚 key rationales for withholding an Office of Legal Counsel (OLC) opinion that it is using to justify its ongoing extrajudicial boat strike campaign, which has murdered 234 people. The court also ordered the government to provide additional details about who has seen the memo and how they have used it, and to turn the memo over to the court so the judge can determine whether it should be released publicly. The judge gave the government until October 14 to comply with his order.

The court found that the administration has adopted the memo as its 鈥渨orking law,鈥� noting that 鈥渢he assembled record compellingly supports the finding that DOD鈥攖he agency that asserts disclosure authority over the Memo鈥攈as treated the Memo as its effective law and policy governing the boat strikes.鈥� However, the court also ordered the administration to provide it with further information so that it may rule on whether the memo is protected as a closely held presidential advice document.

This decision comes months after the 桃子视频, the New York Civil Liberties Union, and the Center for Constitutional Rights sued to force disclosure under the Freedom of Information Act (FOIA).

鈥淭he public deserves to know how our government is justifying the cold-blooded murder of hundreds of civilians. Today鈥檚 order is a huge step in the right direction of ensuring that the government does not get to summarily execute people based on secret law,鈥� said Jeffrey Stein, staff attorney with the ACLU鈥檚 National Security Project.

The still-secret memo reportedly blesses the ongoing strikes as lawful acts in an alleged 鈥渁rmed conflict鈥� with unspecified 鈥渄rug cartels,鈥� and also purports to immunize personnel who authorize or take part in these unlawful strikes from future criminal prosecution for what would otherwise be considered homicide.

鈥淣o president can arbitrarily assassinate people from the sky based on their sole say-so,鈥� said Center for Constitutional Rights Legal Director Baher Azmy. 鈥淚f the OLC opinion seeks to dress up the obvious illegality of these serial murders in legalese to provide Trump cover, the public needs to see that analysis and ultimately hold accountable all those who facilitate murder in the United States鈥� name.鈥�

The court held that the Department of Defense has expressly adopted the legal reasoning in the OLC memo as binding on the agency, which means that the memo cannot be maintained as 鈥渟ecret law.鈥� Among other conclusions, the ruling rejected the government鈥檚 claim that it could withhold the OLC memo from the public as privileged under the deliberative process and attorney-client privileges.

"Today鈥檚 order rejects most of the Trump administration鈥檚 grounds for its illegal, barbaric bombing of civilians in secrecy 鈥� this is a strong step in the right direction,鈥� said Perry Grossman, supervising attorney at the New York Civil Liberties Union. 鈥淲e trust that the court will ultimately give the public the opportunity to see the government's alleged justification for this unlawful murder campaign.鈥�

In addition to this FOIA lawsuit, the 桃子视频and the Center for Constitutional Rights have also filed a lawsuit on behalf of two families from Trinidad & Tobago who are seeking redress after a U.S. boat strike killed their loved ones.


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