Judges Popping Bush Bubble on Surveillance
Picture Courtesy of the White House
President Bush may think that his double top secret members only surveillance program on Americans is out of the courts hands but technically I don’t think the Judges of those courts think so. Frankly, I can’t blame them. Lawyers for the administration are defending the President’s actions by simply saying in court that it is a state secret.
What is really a pain in the Bush royal behind is the simple fact that the very liberal 9th Circuit Court is reviewing the terminology of “State Secret” as far as the governments case goes regarding fifty legal cases pending. George, you aren’t in Crawford anymore and clicking your heals three times is not going to appease this court. Three of the Judges on the court are pissed and they are letting the attorneys for the government know it.
Over at the Washington Post they have this outstanding must read piece regarding this story…
Judges Skeptical of State-Secrets Claim
By Karl Vick
Washington Post Staff Writer
Thursday, August 16, 2007; Page A04
SAN FRANCISCO, Aug. 15 -- Lawyers for the Bush administration encountered a federal appeals court Wednesday that appeared deeply skeptical of a blanket claim that the government's surveillance efforts cannot be challenged in court because the litigation might reveal state secrets.
"The bottom line here is the government declares something is a state secret, that's the end of it. No cases. . . . The king can do no wrong," said Judge Harry Pregerson, one of three judges from the U.S. Court of Appeals for the 9th Circuit who grilled administration lawyers at length over whether a pair of lawsuits against the government should go forward.
Deputy Solicitor General Gregory G. Garre was forced to mount a public argument that almost nothing about the substance of the government's conduct could be talked about in court because doing so might expose either the methods used in gathering intelligence or gaps in those methods.
"This seems to put us in the 'trust us' category," Judge M. Margaret McKeown said about the government's assertions that its surveillance activities did not violate the law. " 'We don't do it. Trust us. And don't ask us about it.' "
At one point, Garre argued that courts are not the right forum for complaints about government surveillance, and that "other avenues" are available. "What is that? Impeachment?" Pregerson shot back. - Washington Post
I’m thinking the recipe for Coke is a secret, Betty Crocker has a ton of recipes in her apron that are a secret. Industries across America have trade secrets that don’t destroy peoples lives. Our government and our President is hiding behind a wall of secrecy and that is unacceptable to me as an American citizen when they use the “State Secret“ defense. Then they have the audacity to request that the cases be dismissed due to “State Secret” reasons.
Our courts are there for a reason. They are charged with upholding the laws of our nation. If the courts are confused over the laws as our President cares to adhere to them or stray past the gray area and play in the pitch black area then where is the checks and balance that the courts are supposed to uphold. Public statements from the President does not define the law. Laws that he sees fit to use and abuse to fight his made up war in Iraq on his own people!
While the President and his crew is busy covering up the truth, it’s a simple fact of life that the truth never really goes away. He can pave over the truth, color it with multiple brush strokes and even try to hide it away in the darkest corner of the closet of American history. It’s still there, the pavement will crack from the heat, the colored paint will chip and peal and everyone always has to eventually clean out the closets. Time is what will give up the truth and George Bush is biding his time.
Papamoka
President Bush may think that his double top secret members only surveillance program on Americans is out of the courts hands but technically I don’t think the Judges of those courts think so. Frankly, I can’t blame them. Lawyers for the administration are defending the President’s actions by simply saying in court that it is a state secret.
What is really a pain in the Bush royal behind is the simple fact that the very liberal 9th Circuit Court is reviewing the terminology of “State Secret” as far as the governments case goes regarding fifty legal cases pending. George, you aren’t in Crawford anymore and clicking your heals three times is not going to appease this court. Three of the Judges on the court are pissed and they are letting the attorneys for the government know it.
Over at the Washington Post they have this outstanding must read piece regarding this story…
Judges Skeptical of State-Secrets Claim
By Karl Vick
Washington Post Staff Writer
Thursday, August 16, 2007; Page A04
SAN FRANCISCO, Aug. 15 -- Lawyers for the Bush administration encountered a federal appeals court Wednesday that appeared deeply skeptical of a blanket claim that the government's surveillance efforts cannot be challenged in court because the litigation might reveal state secrets.
"The bottom line here is the government declares something is a state secret, that's the end of it. No cases. . . . The king can do no wrong," said Judge Harry Pregerson, one of three judges from the U.S. Court of Appeals for the 9th Circuit who grilled administration lawyers at length over whether a pair of lawsuits against the government should go forward.
Deputy Solicitor General Gregory G. Garre was forced to mount a public argument that almost nothing about the substance of the government's conduct could be talked about in court because doing so might expose either the methods used in gathering intelligence or gaps in those methods.
"This seems to put us in the 'trust us' category," Judge M. Margaret McKeown said about the government's assertions that its surveillance activities did not violate the law. " 'We don't do it. Trust us. And don't ask us about it.' "
At one point, Garre argued that courts are not the right forum for complaints about government surveillance, and that "other avenues" are available. "What is that? Impeachment?" Pregerson shot back. - Washington Post
I’m thinking the recipe for Coke is a secret, Betty Crocker has a ton of recipes in her apron that are a secret. Industries across America have trade secrets that don’t destroy peoples lives. Our government and our President is hiding behind a wall of secrecy and that is unacceptable to me as an American citizen when they use the “State Secret“ defense. Then they have the audacity to request that the cases be dismissed due to “State Secret” reasons.
Our courts are there for a reason. They are charged with upholding the laws of our nation. If the courts are confused over the laws as our President cares to adhere to them or stray past the gray area and play in the pitch black area then where is the checks and balance that the courts are supposed to uphold. Public statements from the President does not define the law. Laws that he sees fit to use and abuse to fight his made up war in Iraq on his own people!
While the President and his crew is busy covering up the truth, it’s a simple fact of life that the truth never really goes away. He can pave over the truth, color it with multiple brush strokes and even try to hide it away in the darkest corner of the closet of American history. It’s still there, the pavement will crack from the heat, the colored paint will chip and peal and everyone always has to eventually clean out the closets. Time is what will give up the truth and George Bush is biding his time.
Papamoka
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Cross posted at Bring IT ON!
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Labels: Above the Law, Bush, Cheney, Illegal Wire Tapping, Laws, San Fransisco, Wire Tap
posted by Papamoka at
12:27 AM
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