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Obama Administration Invokes State Secrets Privilege…Again
October 30, 2009 10:53 PM
The Obama administration invoked the controversial "state secrets" privilege again on Friday, arguing that if U.S. District Judge Vaughn Walker were to permit a legal case against the government to proceed, he would be putting national security at risk.
Attorney General Eric Holder said in a statement about the case, Shubert et. al v. Obama, that "there is no way for this case to move forward without jeopardizing ongoing intelligence activities that we rely upon to protect the safety of the American people."
The case is a class action suit brought by four Brooklynites alleging that the Bush administration engaged in wholesale dragnet surveillance of ordinary Americans in which they were unjustly caught because they regularly made phone calls and sent emails to individuals outside the U.S., specifically in the United Kingdom, France, Italy, Egypt, the Netherlands, and Norway.
Obama administration officials argued that even addressing or attempting to refute the plaintiffs’ claim would require the administration "to disclose intelligence sources and methods, or the lack thereof."
Holder said he was invoking the privilege despite having outlined new policies and procedures last month containing new internal and external checks and balances for the Justice Department to follow before invoking the privilege, requiring "a thorough, multi-stage review and rely(ing) upon robust judicial and congressional oversight."
The statement and legal documents were released in a particularly active Friday afternoon document dump -- including stimulus jobs numbers and White House visitors logs.
You can read the documents HERE and HERE and HERE and HERE.
Holder said the "core claims in this case involve questions about ongoing intelligence operations, and allowing it to proceed would disclose critical activities of high value to the national security of this country." He insisted the Justice Department was not invoking the privilege "to conceal government misconduct or avoid embarrassment, nor are we invoking it to preserve executive power."
"The Obama administration has essentially adopted the position of the Bush administration in these cases," said Kevin Bankston, a lawyer for the Electronic Frontier Foundation, "even though candidate Obama was incredibly critical of both the warrantless wiretapping program and the Bush administration's abuse of the state secrets privilege."
The EFF is involved in similar litigation in a different case.
The Obama-Biden campaign website describes in part "The Problem" as the Bush administration having "invoked a legal tool known as the 'state secrets' privilege more than any other previous administration to get cases thrown out of civil court." But President Obama has invoked the state secrets privilege in a number of cases since taking office.
- jpt
October 30, 2009 | Permalink | Share | User Comments (24)
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tinhorn errr tincup....blah blah blah...The President's privilege. Obama has that right as the 44th President and the 43 before him....Deal with it...Vote 2012...
Posted by: Parallex View | Nov 2, 2009 12:01:24 PM
No one ever refused Bush for invoking national security so why not Obama? Cheney is still using that line.
Posted by: talmag | Nov 1, 2009 6:35:22 PM
It is sad that courts give Obama the benefit of doubt on security issues which was refused to Nixon
Posted by: Dan @ Israeli Uncensored News | Nov 1, 2009 5:49:09 PM
The American people must be dumber than rocks,,,,,that is ,,,supporters of BOTH the Democratic AND Republican parties,,,,,WHY do you people continue to support TWO LIAR parties that have done absolutely NOTHING for the people of this country , while raking in HUGE amounts of LOBBY DOLLARS that directly influence their representation?,,,,,,The Republicans got us off into TWO lie wars..WITH the support of the Democratic party,,,,the lie wars cost this country 10 BILLION dollars a month,,,WASTED. Supporters of the wars say "We MUST WIN" I ask...WHAT constitutes WINNING? there is NOTHING to win,,,,Killing everyone over there WILL NOT accomplish ANYTHING ,,,,,Those people DON'T want us there it is very simple,,,it is THEIR country NOT ours,,,,,,,, How do you people think Americans would react if the situation were reversed and WE were the country INVADED for POLITICAL PURPOSES?
Posted by: tincup 56 | Nov 1, 2009 11:16:46 AM
What our government is doing is NOT National security, it is ALL a very evil plan to strip the people of their rights, Washington does NOT represent the people of this country ,Both parties have become legislative prostitutes who have sold out the people for personal and party profit, Voters need to vote out ALL incumbents and replace them with ALL independents, the power of the two LIAR parties MUST be broken, before they completely destroy this country. The LOBBY ROBBERY that is taking place has got to be stopped,,,,,the bailouts AND the stimulus programs are NOTHING BUT ,,,"Taxation Without Representation",,,,the VERY same reason this country fought a revolution in the first place,,,or has Washington forgotten?
Posted by: tincup56 | Nov 1, 2009 11:05:52 AM
Obama could care less about civil rights, wars, or the Constitution. His only gripe was that Bush/Cheney was in power. He had no moral problem with their police state tactics and even fact supports them. Some "change"....
Posted by: Ed | Nov 1, 2009 10:39:48 AM
Transparency promise? Forget about it. Keep it up, libs. Republicans will be sweeping the election next year.
Posted by: myna | Oct 31, 2009 10:38:22 PM
National Security will be ocmpromised forever if vital information are forced to be revealed in the course of prosecution. Reporters don't always understand the complicated nature of intelligence which requires cooperation and sacrifices of various parties. In this sense, wiretapping plays a extremely vital role to understand and prepare countermeasures on possible plots of enemy forces.
Posted by: agent008 | Oct 31, 2009 8:53:53 PM
"When is the press going to judge President Obama by what he does and not taint him with the misdeeds of Bush?"
Perhaps when Obama stops invoking the specter of President Bush at every turn.
Posted by: Amazed | Oct 31, 2009 7:45:17 PM
Barack Obama and Eric Holder were absolutely full of crap, are full of crap and will be full of crap.
Great work, Jake. You are about the only real reporter left. The rest are the lapdog media.
Posted by: drjohn | Oct 31, 2009 5:40:01 PM
I for one I'm happy this is happening. It'll make it that much easier for the republicans to keep America safe when we retake the white house.Keep up the good work libs.
Posted by: flashlv | Oct 31, 2009 4:40:10 PM
CHANGE!!
Posted by: Chuck | Oct 31, 2009 11:58:14 AM
The Obama administration invoked the controversial "state secrets" privilege again for Area 51.
So no open house at Groom Lake this year.
Another Bush policy adopted.
Posted by: TempusFugit | Oct 31, 2009 10:02:50 AM
Well, this is a shocker.
Obama reneging again, I mean.
Has he kept ANY campaign promises at all?
Posted by: drjohn | Oct 31, 2009 7:46:03 AM
Has anyone noticed that this President made a whole lot of promises when campaigning that are just flat out not happening?
There was a lot of talk about transparency and about the only thing that has "changed" here is that the names have changed. The way things are done as still the same.
I really don't care about this particular position and, frankly, it probably makes sense. It made sense for Bush and I don't disagree that there are things that are in our National interests to not disclose. But, if the deal is that there is going to be some kind of major change and everything remains the same - well, its noteworthy.
It is curious to me that the faithful are so ready to give this President a pass on his promises broken.
Where is the outrage about lying? If I am angry over the way things are done in Washington and I enthusiastically vote for a guy that promises change and the guy doesn't deliver change it seems to me that there is some duping going on. If it were me I might be a little pi**ed about it. Instead the faithful remain silent - it is an interesting double standard.
Posted by: Lone Star Rules | Oct 31, 2009 7:44:33 AM
Perhaps the musician known as 'Sting' has a point that is less than obvious. Perhaps God sent the current POTUS to demonstrate to America that we, the people, are this country and need not permit the machinations of politicians of any stripe.
Posted by: Son_of_Liberty99 | Oct 31, 2009 7:05:41 AM
Yeah, the Bush Administration invoked State Secrets more than any other Administration-because we've never had more people so craven for political power that they'd be willing to endanger American lives to obtain it. Just as Code Pink now finds that those in Iraq and Afghanistan fear our leaving far more than our presence and have now decided to "reconsider" their protests which lays bare that they were never really protesting the war-they were protesting a Republican in the White House. What vapid, manipulating, and yes, I'll say it since they have had no compunction about using the term--UNAMERICAN--fools the Dems and the left have become.
Posted by: JWnTX | Oct 31, 2009 3:29:26 AM
Presidents are supposed to grow and mature in office, and to pay attention to facts they didn't know before. Of course Obama is going to do the same. It's his job to ignore the ignorant uncaring Left.
Posted by: Steve | Oct 31, 2009 3:21:18 AM
During his campaign Obama claimed that the Patriot Act was a violation of the Fourth Amendment. Now he claims it’s not. Obama claimed that Bush’s use of State Secrets Privilege was an abuse of power. Now he uses it. He promised “transparency in government”. We’re seeing a lot of wool over our eyes.
According to Obama’s own campaign speeches, he is now abusing power and violating the Fourth Amendment. This would be funny if it wasn’t too scary for Halloween.
Posted by: oonogil | Oct 31, 2009 2:25:32 AM
There are some things that are State secrets. Just because Bush abused it does not mean that President Obama is or will. When is the press going to judge President Obama by what he does and not taint him with the misdeeds of Bush. It is really getting tiresome. The right thinks that the press is liberal , but they are far from it . They are corporatist that do nothing except tell every story from a negative perspective and try to get the people that voted fro the President to mistrust him. Well it won't work and it only confirms that from the left or the right the press can not be trusted.
Posted by: Gail | Oct 31, 2009 12:25:28 AM
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