"State Secrets" Abuses

The Supreme Court this week declined to take up the case of Khaled el-Masri, the German citizen who alleged he was abducted and tortured by the CIA in a case of mistaken identity.  Lower courts also passed on the case, caving to Executive Branch claims that holding a trial would expose "state secrets." 

As Steve Aftergood, who runs the Secrecy Project for the Federation of American Scientists, notes:  “[The Supreme Court's refusal to hear the case] means that even if all of el-Masri's allegations are true, there is no legal remedy available to him. The courthouse doors are closed in the United States. That is bad law and bad policy."

The Bush administration increasingly has abused the so-called "state secrets" privilege to deny due process to alleged terrorists, in immigration and deportation cases, and to whistleblowers. Aftergood's blog posts to a letter from law professors, scholars, and activists, including FBI whistleblower Coleen Rowley and former GAP client and Library of Congress icon Lou Fisher, urging Congress to end such abuses. 

In March, the House of Representatives took a preliminary step toward curbing state secrets abuses in passing landmark whistleblower protection legislation, H.R. 985. The bill authorizes inspectors general to decide on issues of fact when the administration cites "state secrets" in an effort to deny a whistleblower's claim in court. The Bush administration threatened to veto H.R. 985, in part because of this provision. Despite the threat, half of the House Republicans and all the Democrats voted for H.R. 985, giving it a veto-proof majority in that chamber.

-- Adam Miles

 

Comments

[Axel]

Dear Readers, October11, 2007

It is an another (horrific) appalling example from our US Supreme Court to imply to not hear to uphold Our US Constitution and our many Obligations to numerous and painstaking well accomplished International Treaties and the true and correct interpretations of our US Laws especially in proper respect and regard to a 'Teaching Principle' and our proper obligation to International Law. A clear travesty to our US Constitution, Bill of Rights, Laws and a clear travesty to our Democracy with Life, Liberty and the Pursuit of Happiness for all and a clear travesty to all proper regard and respect to Religion. This is not blind justice, it appears as 'Justice Delayed is
Justice Denied.

Thank you and all for your time and consideration.

Sincerely,
Axel