Ben Buchwalter


Bush Legacy Lives On Through State Secrets

A large part of Barack Obama’s campaign message of change was his promise to reverse Bush administration policies regarding torture and state secrets. Since he was inaugurated a year ago, we’ve seen Obama dial back those promises one by one. In December, the American Civil Liberties Union and the US Government faced off before the 9th Circuit Court of Appeals in San Francisco regarding five civilians who were detained illegally and transported overseas with the help of Boeing subsidiary Jeppesen Dataplan and subjected to harsh interrogation tactics. I attended the hearing and wrote this report for MoJo:

At the Mohamed et al v. Jeppesen Dataplan hearing, both sides were equally dramatic. Arguing on behalf of the plaintiffs, the ACLU’s Ben Wizner warned that if the court endorses the government’s sweeping claim to secrecy, “it will do tremendous harm to our democratic principles.” Representing the United States, Douglas Letter doubled down on the government’s assertion that simply allowing the case to be heard would result in the disclosure of classified information that could harm national security….

Under US law, the executive branch can request that a lawsuit be thrown out if it would make public information that could endanger US interests or personnel. In a declaration of support for the government, former CIA director Michael Hayden said [pdf] that the case would expose information that “could be expected to cause serious—and in some instances, exceptionally grave—damage to the national security of the United States, and therefore, the information should be excluded from any use.” Letter argued that courts should defer to such leaders’ judgments about national security. Wizner disagreed, maintaining that the lawsuit could proceed with guidelines to keep truly sensitive information secret. If the judiciary “just went with the executive branch,” he said, “there is no role for this court.”

Wizner argued that the government has not been consistent in its treatment of these matters. Though the CIA claims that it cannot confirm nor deny its contracts, “they do so routinely when it suits their interests,” he pointed out. Earlier this week, for example, CIA spokesman George Little gave specific information about the infamous military contractor Blackwater Worldwide. “At this time, Blackwater is not involved in any CIA operations other than in a security or support role,” he told the New York Times.

Advertisements

Leave a Comment so far
Leave a comment



Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s



%d bloggers like this: