Slashdot Mirror
State Secrets Defense Rejected In Wiretapping Case
knifeyspooney writes in with an Ars Technica report that a federal judge has issued a strong rebuke to government lawyers attempting to invoke the "state secrets" defense to quash a lawsuit over warrantless wiretapping. This is not the high-profile case the EFF is bringing against the NSA; instead the case is being pursued by an Islamic charity that knows it had been wiretapped. "At times, a note of irritation crept into [Judge] Walker's even, judicial language. At one point, he described the government's argument as 'without merit,' and characterized another as 'circular.' He also seemed impatient with the Justice Department's refusal to provide any classified documents addressing Al Haramain's specific claims for review in chambers. 'It appears... that defendants believe they can prevent the court from taking any action under 1806(f) by simply declining to act,' wrote Walker."
Remember all you folks who argued for greater presidential powers: Every power you gave Bush is a power Obama now has. And ditto for you Obama fans who will be arguing the same in the next few years for your guy. Eventually there will be someone you don't like in office. There's a very good reason for limiting the power of government: malchiks and nitwits frequently find their way into office.
Don't blame me, I didn't vote for either of them!
Has even one political dissident been sent to GITMO?
How should we know? The DoD has never released an official complete list of names of those who are and who have been detained in GITMO, let alone a list of what they were detained for.
I see the glass as full with a FoS of 2.
P.S.
Proposed Amendment (the XXVIII)
Any Person, regardless of rank or position, found by a State Supreme Court, State Legislature, or the Supreme Court of the United States to be committing acts in violation of this Constitution shall be charged with treason, with appropriate penalties as determined by the Congress.
*
* example: illegal wiretaps or searches without a judge's warrant
* all of the persons who committed that act would be charged
Why this proposed amendment? Because I'm tired of seeing government officials violate the Constitution and "get off" without any kind of consequences. There needs to be a deterrent, with corresponding fear of punishment, otherwise these bozos will just continue breaking Constitutional law again-and-again as if it didn't exist.
"I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall