Tuesday, September 04, 2007
State Secrets "Privilege"
It is only natural that it would come to this. For those who have been paying close attention to any number of controversial issues involving the Bush administration, you know one is the exercise of the "State Secrets" privilege, a nearly universal right to control information without divulging it to anyone, including the courts, who have established that such a right exists.
The privilege comes from a Cold War era case where a family wanted information about a military airplane accident that claimed the life of their family member. The Eisenhower administration claimed the privilege, and the Supreme Court upheld it even though the Court did not look at any of the information being sought. If it had, it would have learned that there was no secrets to be held and that the claim was used to hide a negligent action. And even though today we know that the case was based on a lie, the courts continue to grant the administration the right to make the claim without review.
So why should only the president be allowed to make the claim? The "DC Madam" has recently claimed that her clientèle includes some "Muslim men", and that is the reason why she has come under investigation. Since she is involved at the center of the GWOT, "she might need to divulge classified information that has sensitive national security implications," and is "asking a federal judge for a hearing behind closed doors to discuss the information as it relates to the government's charges."
If it is good for the goose, is it good for the gander?
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The privilege comes from a Cold War era case where a family wanted information about a military airplane accident that claimed the life of their family member. The Eisenhower administration claimed the privilege, and the Supreme Court upheld it even though the Court did not look at any of the information being sought. If it had, it would have learned that there was no secrets to be held and that the claim was used to hide a negligent action. And even though today we know that the case was based on a lie, the courts continue to grant the administration the right to make the claim without review.
So why should only the president be allowed to make the claim? The "DC Madam" has recently claimed that her clientèle includes some "Muslim men", and that is the reason why she has come under investigation. Since she is involved at the center of the GWOT, "she might need to divulge classified information that has sensitive national security implications," and is "asking a federal judge for a hearing behind closed doors to discuss the information as it relates to the government's charges."
If it is good for the goose, is it good for the gander?
