Court Reins in State Secrets Privilege

Court Reins in State Secrets Privilege

www.military.com

April 30, 2009
Inter Press Service

NEW YORK -- In what may become a landmark decision, a federal appeals court ruled Tuesday that the "state secrets privilege" - routinely used by the government to block lawsuits against its officials - can only be used to contest specific evidence, but not to dismiss an entire suit.

The ruling, which was hailed by human rights advocates, came in connection with a lawsuit against a company known as Jeppesen DataPlan for its role in the government's "extraordinary rendition" program during the administration of former President George W. Bush.

(visit the link for the full news article)

This was truly a refreshing surprise to read today from Military.com and the Inter Press Service.

This case against Jeppensen which is a subsidiary of Boeing is being fought for by the American Civil Liberties Union and was initially dismissed because of National Security.

Jeppensen stands accused of who are suing the company claiming in court that Jeppensen provided the logistical support and to aircraft and crews the CIA used to forcibly abduct the men and secrete them away in prisons being run by the United States and foreign intelligence agencies where they allege they were tortured during their interrogations.

The three Judge appeals court panel ruled unanimously that the government can not blanket the entire case with National Security but must show in each allegation where National Security truly applies before a Judge who will rule on each individual occurrence that National Security is being legitimately evoked in response to individual parts of the Law Suit if those parts where National Security is not a genuine and provable legitimate concern leave enough meat on the case for it to continue to it’s conclusion.

The Court says it’s vital to do this otherwise any President could claim any occurrence that resulted in a Law Suit has National Security at it’s core and effectively thwart and independent Judiciary from doing it’s constitutional function in government.

Now honestly I am not sure if this is the Corporate Government that truly uses the Court System to wield it’s most effective power asserting itself to ensure it’s power in the Corporate Government can never be curtailed, or if it’s a genuine desire on the part of this one Federal District and it’s Appeals Judges to make some attempt at reestablishing Constitutional Courts versus Corporate Courts?

Anyone have thoughts on this they want to share?


www.military.com
(visit the link for the full news article)

I am looking forward to trying to follow this one through at trial to see what becomes of it.

It is a Civil Suit for monetary damages as opposed to a criminal suit seeking to punish a corporate executive or head or government official so that too could have an impact on why the Appeals Court ruled in this fashion.

Maybe there is too much news going on right now with the Swine Flu and all for this to rate much attention.

I still think this is a story of importance...any one else?

Meanwhile in other non-swine flu related news today...

The Anti-Christ says he is backing out of his contract due to a better offer on Centari Prime and will take no part in Earth's destruction.

The first Reptilian Alien Death of the Swine Flu has prompted all Reptilians as well as Grey Aliens to evacuate the planet.

Elvis Presley briefly appeared at the FBI Headquarters announcing he was on deep cover assignment in Las Vegas all these years and announced a world tour.

Baron Von David De Rothschild announced his own economic stimulus planning informing anyone in the world if they logged onto www.claimyours.com by 12:00 Midnight he woudl personally issue them each a 1 million dollar tax free check.

Now back to more Swine Flu News!

This is a step in the right direction. It probably won't help much, but every little bit counts. They will still claim most evidence as inadmissible, but at least trials will be heard. Good find, S&F.


TA

reply to post by ProtoplasmicTraveler


Lol, nice one. That was rather witty, I do say.

Anyway, yes this is pretty good news. I like that people are upset that the govt unapologetically tortures, and worse - hires to torture people.

Once they get that power and the people sit idly by, there is no incentive for the govt to not misuse it's ungodly powers.

Originally posted by TheAssociate
This is a step in the right direction. It probably won't help much, but every little bit counts. They will still claim most evidence as inadmissible, but at least trials will be heard. Good find, S&F.


TA

I think it might be a step in the right direction too, but I am also wary for one simple reason...Attorneys are all officers of the court and Attorneys only make money, big money through civil law suits against deep pocket defendents.

So my underlying concern is...is the court responding this way in order to provide those income opportunities purely for the sake of commerce and profit to it's own...

Or is it some genuine desire to take real steps towards restoring constitutional courts?

That's my big question...thanks for the post friend.

Originally posted by Welfhard
reply to post by ProtoplasmicTraveler

 

Lol, nice one. That was rather witty, I do say.

Anyway, yes this is pretty good news. I like that people are upset that the govt unapologetically tortures, and worse - hires to torture people.

Once they get that power and the people sit idly by, there is no incentive for the govt to not misuse it's ungodly powers.

Thanks my friend, I got a nice little chuckle out of writing it, I am glad to know you enjoyed it too.

It is shameful that the government has gotten so draconian and out of hand and we are all in for an increasingly difficult life and existence if we don't see to the reversal of some of these travesties and miscarraiges of justice.

There sure are lots of incentives for the government to misuse their powers and to even claim in the process they are devinely ordained and proper in doing so.

Our government has long gotten ahead of it, but it's getting to the point we can't even make out the tail lights of it in the distance...

Thanks so much for posting my friend.

reply to post by ProtoplasmicTraveler

So my underlying concern is...is the court responding this way in order to provide those income opportunities purely for the sake of commerce and profit to it's own... Or is it some genuine desire to take real steps towards restoring constitutional courts?

I figure there will probably be a good deal of frivolous law-suits brought up now, but that's just what ambulance-chasers do. If they weren't doing it because of this ruling, they'd find some other way. I think the important part is that the cases that need to be heard, now can be.


TA

Originally posted by TheAssociate
reply to post by ProtoplasmicTraveler

 

So my underlying concern is...is the court responding this way in order to provide those income opportunities purely for the sake of commerce and profit to it's own... Or is it some genuine desire to take real steps towards restoring constitutional courts?

I figure there will probably be a good deal of frivolous law-suits brought up now, but that's just what ambulance-chasers do. If they weren't doing it because of this ruling, they'd find some other way. I think the important part is that the cases that need to be heard, now can be.


TA

Yes, you are definately right about that my friend it is far better for people to have an opportunity to get their cases into a court room and have them heard, at least by the public at large through the process if nothing else.

Great find! S&F.

I hope this is a step in the right direction. I don't know so much that this will open up a path for "ambulance chasers" per se but I do see this as opening up the government for a bit more scrutiny. Which in this day and age I think is an absolute MUST. Their abuse of power has gone way overboard and it's time they start answering for their crimes.



Edit to add - I'm glad someone else is watching for things other than Swine Flu! (getting a bit tired of hearing nothing but that, personally)

[edit on 1-5-2009 by cnichols]

Originally posted by cnichols
Great find! S&F.

I hope this is a step in the right direction. I don't know so much that this will open up a path for "ambulance chasers" per se but I do see this as opening up the government for a bit more scrutiny. Which in this day and age I think is an absolute MUST. Their abuse of power has gone way overboard and it's time they start answering for their crimes.



Edit to add - I'm glad someone else is watching for things other than Swine Flu! (getting a bit tired of hearing nothing but that, personally)

[edit on 1-5-2009 by cnichols]

I was truly excited to see this story. It's about time the Judiciary starts reasserting itself in this artificial top security zone the United States has been turned into at great cost of money, rights and dignity over one isolated incident of violence albeit a very significant isolated act.

The courts haven't been protecting us from these abuses and they truly need to in order to keep another revolution from happening or worse still people just resigning themselve to living in a police state, rightless and feckless.

Sadly the media and government are exploiting the swine flu very much like they exploit terrorism. Distract us from other issues like this, and march and herd us in ways that serve them.

The courts do need to stop these abuses of power by government...

thanks for posting.

Well this story just get's better...

Upon hearing the news regarding National Security Concerns not being a valid reason to dismiss lawsuits...The Devil has filed motions in Federal Court today claiming Tamiflu has failed to make several pattent payments!

The Reptilian's have also filed suit claiming damages and for the immediate return of their Space Craft that crashed in Roswell New Mexico decades ago.

Barack Obama is suing himself...asked in an interview why are you he was quoted as saying "Because I can"

Upon hearing John McCain immediately filed suit against himself saying "Well, if he can, I can too!"

Yes it just might open the door to a couple of frivolous lawsuits but I say...bring them on.