OAN Staff Brooke Mallory
5:40 PM – Friday, October 2, 2026
A federal judge in New York has struck down legal arguments presented by the Trump administration to keep a classified Department of Justice (DOJ) memorandum secret.
The ruling represents a frustrating blow to the GOP administration’s efforts to maintain secrecy over military operations that have resulted in at least 200 deaths of drug traffickers in international waters.
In a 66-page decision, U.S. District Judge Paul A. Engelmayer rejected the government’s reliance on deliberative process and attorney-client privileges to withhold the Office of Legal Counsel (OLC) opinion.
Judge Engelmayer argued that since high-ranking executive officials routinely cited the memo as establishing the official legal parameters and binding authority for the Pentagon’s operations, the administration could no longer treat the reasoning as internal, pre-decisional legal advice.
The legal battle stems from Freedom of Information Act (FOIA) lawsuits brought by far-left groups, including the American Civil Liberties Union (ACLU). The ACLU’s website outlines the core groups and issues central to its civil liberties mission — “Abortion, (illegal) Immigrants’ Rights, Racial Justice, Transgender Rights” and “Voting Rights.”
Democrat lawmakers have also fiercely criticized the targeted maritime strikes — carried out under President Trump and U.S. War Secretary Pete Hegseth — arguing that they are “extrajudicial killings that violate both domestic law and international norms.” Administration officials, however, have proudly defended the operations as vital national security measures necessary to disrupt heavily armed narco-terrorist networks operating across the Caribbean Sea and eastern Pacific Ocean.
Additionally, President Trump has long championed initiatives aimed at reducing drug overdose fatalities nationwide and revitalizing national morale.
While ruling against the GOP administration on deliberative and attorney-client privileges, Judge Engelmayer reserved judgment on whether the document can be withheld under the constitutional presidential communications privilege.
The court has ordered the DOJ to submit the memo within 14 days for an in camera judicial review to evaluate the remaining claims and determine what portions, if any, may ultimately be unredacted and released to the public.
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