Judge Engelmayer Rejects Most of DOJ's Secrecy Claims Over Deadly Boat-Strikes Legal Memo

U.S. District Judge Paul Engelmayer in the Southern District of New York ruled on September 30, 2026, that the Trump administration had failed to justify keeping secret a classified Office of Legal Counsel opinion underlying the legal authority cited for lethal U.S. military strikes on boats suspected of drug smuggling, a campaign that has killed more than 230 people. In a Freedom of Information Act suit brought by the ACLU, the New York Civil Liberties Union and the Center for Constitutional Rights, Engelmayer rejected most of the Justice Department's deliberative-process and privilege claims, finding the Pentagon had treated the memo "as its effective law and policy" rather than confidential legal advice.

The ruling tests how far the executive branch can shield the legal basis for a lethal campaign from disclosure under transparency law, as the strikes themselves face separate legal challenges.

Engelmayer ordered an in-camera review of whether narrower portions qualify as closely held presidential advice, and told the administration to detail who accessed the memo by October 14, 2026.