Eventually this will go to the Supreme Court but a district court upheld keeping the memo secret but wrote, "I can find no way around the thicket of laws and precedents that effectively allow the executive branch of our government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws while keeping the reasons for their conclusion a secret."
The NY Times and ACLU (give/join your state's ACLU!) will appeal the decision.
Pretty sad opinion. I wish those of us who were alarmed by President Bush permitting the torture of suspected foreign terrorists in US custody would be as vocal in their opposition to the Executive ordering the killing of US citizens without judicial review.