Bush Administration Uses ‘State Secrets Privilege’ To Escape Accountability
Bush Administration Uses ‘State Secrets Privilege’ To Escape Accountability
This week, six private citizens — including author Studs Terkel — joined the ACLU in a lawsuit against AT&T, claiming the company gave the NSA “sensitive information about massive numbers of domestic phone calls.”
But AT&T and the government may force the courts to shut down the case. With increasing frequency, the Bush administration is employing the state secrets privilege, “a once-rare tactic that essentially gives the government a blank check to kill civil suits.” (Verizon picked up the administration’s lead and invoked the privilege to shield itself from public scrutiny over the NSA surveillance program.)
A look at the government’s increasing abuse of the practice:
– A recent study found that the federal government “has successfully asserted the secrets privilege at least 60 times since the early 1950s and has been stymied five times.”
– “It was invoked only four times in the first 23 years after the U.S. Supreme Court created the privilege in 1953, but now the government is claiming the privilege to dismiss lawsuits at a rate of more than three a year.”
Even more troubling is that the state secrets privilege is based on a 1953 Supreme Court decision that was “based more on concealing negligence than preserving national security.”
Kevin Drum has more.
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Even more troubling is that the state secrets privilege is based on a 1953 Supreme Court decision that was “based more on concealing negligence than preserving national security.â€
I’d expect them to start using it even more frequently in the near future then… As more and more of their negligence comes to light.
May 24th, 2006 at 1:49 pmAmanda – Is Terkel any relation?
May 24th, 2006 at 1:51 pmNothing new about this > the Bush Regime misuse anything they get their grubby hands on!
May 24th, 2006 at 1:53 pmWho cares?
The important tpoic her eis that your government is lying to the American people and using “states secret” as an excuse to not be held accountable.
May 24th, 2006 at 1:55 pmmighty #2 –
He isn’t any relation…that I know about.
May 24th, 2006 at 1:56 pmHave any of you ever read the comic “Transmetropolitan?” Real-life could use a serious dose of a Spider Jerusalem.
At this point, basically, our government is insane, criminally insane, and the Powers That Be expend more energy and effort to remain beyond prosecution than anything else. The powers of the state are used to preserve those who govern, not the essence of the state itself.
The members of the Intelligence Committee haven’t even been fully briefed on most of this, this is disgusting. Government should only be indemnified when those in power behave in a manner beyond reproach.
May 24th, 2006 at 1:58 pmThe important tpoic her eis that your government is lying to the American people and using “states secret†as an excuse to not be held accountable.
Comment by Spudge_Boy — May 24, 2006 @ 1:55 pm
Pretty suspicious when an ‘attorney’ doesn’t get that and a whole bunch of lay people do…
He admitted to being a paid troll – twice – yesterday. Lora pointed it out as I wasn’t reading Mighty Hemoroids rants. I’m sure the GOP told him to lie about being a legal expert because on his job application he’d listed that he cleaned toilets at a corrections facility.
May 24th, 2006 at 2:02 pmhey aphro – show us your stuff… let’s just pretend good ol’ studs is amanda’s uncle – what do you have to say about that? i’m just curious…
May 24th, 2006 at 2:06 pmThank you Amanda, for your quick response. (Spongey, I seem to remember progs up in arms over a Bush cousin who went from NBC to Fox …. Hmmmm, they should HAVE had burned their Birkenstocks over the Nader voters for handing victory to Bush.)
“The important tpoic her eis that your government is lying to the American people and using “states secret†as an excuse to not be held accountable.” – Sponge
May 24th, 2006 at 2:08 pm*****So, Sponge, which state secrets ARE acceptable to you? None? Some? Those you approve of? Those secrets that show our enemy how “fair” we are??
The state secret is that Bush is bent on becoming dictator of America. The unitary executive idea he and his cohorts push is dictatorship in disguise. The last refuge of tyrany is secrecy. These criminals must be brought to justice and with the current willingness of Congress to just roll over and play dead that isn’t going to happen anytime soon. Write! Write! Write! Call and call again. Make your Senators and Representatives sick of hearing from you. Flood their mailboxes with demands that they stop this insanity and restore our Democracy.
Then, vote and work for the candidates that will stand up to these criminals. Otherwise, we might as well just give up and leave this once great nation to the theocratic Christianists who seek to turn our democracy into a facist state.
Think I am mad? Damn right I am. But I will not be content to just complain, I will work to get these theives and scoundrels out of office by legal means as soon as possible. Our country cannot endure another 3 years of this.
May 24th, 2006 at 2:08 pmSince Bush and cronies are out there defending it (and Wired published the pertinent documents), it’s no longer a secret, is it?
May 24th, 2006 at 2:09 pm1953 is certainly a special year isn’t it! US performed a regime change in Iran and stuck it with one of the most brutal leaders of the 20th century. The democratic republic that was there before was too concerned about their own people and nationalized oil fields so the US oil companies didn’t have free access until the US set up their puppet leader and a secret police force that was far more brutal for many more years than Saddam Hussein.
So what is W. “Iraqi Butcher” Bush up to now?
May 24th, 2006 at 2:11 pmMighty A – Jesus just called back… he said that he’s serious about wanting you to stop being such a hateful bitch (again his words not mine).
May 24th, 2006 at 2:12 pmSo the NSA is being protected by the Supreme Court? The court has upheld rotten apples against Sibel Edmonds! Are the people not entitled to hear that their government representatives are breaking the law in every way shape and form possible? I guess so since Guantanamo Gonzalez wants to limit the MSM to the point of total uselessness.
May 24th, 2006 at 2:14 pmThe state secrets that are important to me are REAL state secrets, not made up ones to protect your dictator. Stupid b!tch. I thought you had important lawyer stuff to do today.
If I had a lawyer who had a deposition today, which you stated in another thread, and you were posting on the Internet instead of preparing my case, I would fire your ass.
Liar.
May 24th, 2006 at 2:15 pmI agree with #10. http://www.theocracywatch.org has a lot of information on the theocrats that want dominion over this country and spread their faith as the one true faith around the world. The words “crusader” and “crusades” comes to mind. Our military is awash in this crap.
May 24th, 2006 at 2:17 pmAnother lie from history:
”Gladstone learned the hard way that it was much easier to march into Egypt than to disengage from it………….The ‘temporary’ occupation lasted seventy-four years.According to the historian A.J.P. Taylor,the British promise to withdraw,…………..was repeated sixty-six times between 1882 and 1922.’But the condition’ Taylor says,’was the restoration of order;and this condition was never fulfilled to British satisfaction’.
SUEZ——-Kieth Kyle.
May 24th, 2006 at 2:24 pmCORRECTION:
SUEZ—–Keith Kyle.
May 24th, 2006 at 2:26 pm5-
mighty #2
hehehe, you gotthat right!
May 24th, 2006 at 2:27 pmAphrodite, wasn’t it the Bush cousin who went to Fox ‘News’ the one who first announced Bush’s “victory” in the 2000 elections, in part forcing the other networks to go along with the pronouncement? Just what is it about the Bush family members that lying just comes so naturally to them?
Gotta run, see y’all tomorrow!
May 24th, 2006 at 2:28 pmSpongy, the depo was the other day – get up to speed. The trial judge recessed my latest appearance until this afternoon as a couple of prosecution witnesses “were delayed” before cross examination. (My clients appreciate the fact that I ACTUALLY cross-examine the state’s witnesses and challenge their assertions. Who knew) Thanks for caring….
Who decides the “real state secret” as you so succinctly described them???
May 24th, 2006 at 2:29 pmIf you are too stupid to know the difference between a real state secret and a cover-up, you just give more reason to never hire you as a lawyer.
May 24th, 2006 at 2:32 pmFinally, article of title is what we have known all along! Accountability is wrapped in National Security Blanket so no can ever know anything!
May 24th, 2006 at 2:34 pm#13 – “Mighty A – Jesus just called back… he said that he’s serious about wanting you to stop being such a hateful bitch (again his words not mine).
May 24th, 2006 at 2:35 pm– Comment by G.W. – Prince of Darkness
Dear Prince – The REAL Jesus called ME and said he NEVER used words like “hateful bitch” – he hinted about an inposter “Beast and Anti-Christ”. Maybe you better check for a 666 birthmark….
When is anyone going to start yelling Facism?
May 24th, 2006 at 2:37 pmSpongey – Just stay out of trouble and you’ll NEVER need any crim lawyer….As I like to say, hopefully, you’ll never need me.
But since you left wing conspiracy folks see a cover-up EVERYWHERE, I don’t think my question was out of line….
Gotta go….
May 24th, 2006 at 2:39 pmWelcome to Bushland NSA Theatre…
SETTING: A highway in Columbus, Ohio.
[It's 6:15 PM, and Mr. Bobcat Grad is on his way home from the gym. He's going over the speed limit a little when he notices a police car with lights flashing behind him.]
BOBCAT GRAD: “Crud.”
[Mr. Bobcat Grad pulls his car over to the side of the road.]
POLICE OFFICER: “License and registration, please.”
BOBCAT GRAD: “Sir, what is the offense.”
POLICE OFFICER: “You were speeding.”
BOBCAT GRAD: “Ahhhh… so I was. Well, you can’t give me a ticket.”
POLICE OFFICER: “Why not?”
BOBCAT GRAD: “I have a very good excuse for why I was speeding.”
POLICE OFFICER: “Really, now? And what is that excuse?”
BOBCAT GRAD: “I can’t tell you.”
POLICE OFFICER: “Why not?”
BOBCAT GRAD: “It’s secret. And you aren’t authorized to know. But it’s a really, really good excuse, so you can’t write that ticket. So, just get back in your car a drive away like the good little authority-lacking officer you are.”
POLICE OFFICER: “Umm…. ok. Sorry to question you. You must have had a really good reason for speeding. I guess I was wrong to question what that reason was. Sorry, again.”
BOBCAT GRAD: “Yea. Don’t let it happen again. Bu-bye, now.”
May 24th, 2006 at 2:41 pmA very important message from waynemadsenreport.com regarding all that is currently happening, to congress and the media, and to us. A scary time period awaits us all.
May 24th, 2006 at 2:46 pmNope, it was on topic for a change. But, there is such thing as a dumb question. You probably believd your teacher when they said there wasn’t.
May 24th, 2006 at 2:51 pm# 25 thot’s:
‘yelling Facism’?
Because they’re too busy yelling’I'M SCARED’.
May 24th, 2006 at 2:54 pm#9 (MA):
So, Sponge, which state secrets ARE acceptable to you? None? Some? Those you approve of? Those secrets that show our enemy how “fair†we are??
You might start with the granddaddy case here, Reynolds, Gives one a good idea of what’s truly at stake here. We can’t give up this precious ability of the gummint to cover up their own incompetence.
More on this from Glenn Greenwald.
Cheers,
May 24th, 2006 at 3:14 pmRaw is reporting that bush signed the law protecting the phone companies the day Goss was fired. shoudl we wonder if there is a connection?
May 24th, 2006 at 3:19 pmRaw is reporting that bush signed the law protecting the phone companies the day Goss was fired. should we wonder if there is a connection? was Goss trying to protect us at last?
May 24th, 2006 at 3:20 pmThe last remnants of the old republic have been swept away.
May 24th, 2006 at 3:34 pmBush, in his own words, is the decider. He alone decides what constitutes state secrets. I recall Nixon claiming “executive privilege” and “national security” to cover-up his crimes.
May 24th, 2006 at 6:55 pmJust part of the extensive list provided by CATO recently.
May 24th, 2006 at 8:29 pm#36. Outstanding! A bound copy is available free, but is currently out of stock. A free download of the entire PDF is also available.
Look for both at:
http://www.cato.org/pub_display.php?pub_id=6330
It is certainly something that every American should read.
May 24th, 2006 at 9:00 pm[...] Think Progress [...]
May 24th, 2006 at 11:05 pmThis country is going down the shitter, and fast.
May 24th, 2006 at 11:52 pmwhen it comes to giving up civil rights in the name of national security to support an ill-defined war that has no focus or end in sight, skippy is jsut sick and tired of it all.
May 25th, 2006 at 12:03 am#40. yeah. what he said.
May 25th, 2006 at 8:41 amBig Brother is no longer just watching You: Big Brother is incestously FU**ING You! Brought to you by scores of dumb christian fascists that will bring this country to an end. The biggest threat to the mighty USA is the lost its mind USA.
November 15th, 2006 at 4:30 pmOh, I forgot: History repeats itself over and over again:
November 15th, 2006 at 4:39 pm1933, 1934, 1935, 1936, 1937, 1938, 1939, 1940, 1941, 1942, 1943, 1944, 1945…
More Evidence that Blair Lied About Iraq…
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December 15th, 2006 at 11:49 pm