11 Dimensional Chess: 9th Circuit Rebuffs Obama Administration's State Secrets Claim
Via the Washington Independent (see also Glenn Greenwald's post, he will also have interview with the winning attorney, Ben Wizner of the ACLU), just as predicted by Obama supporters, his shrewd gambit to adopt the Bush Administration's position on the state ssecrets privilege has been soundly rebuffed by the Ninth Circuit in Mohammed v. Jeppesen Dataplan(PDF):
At base, the government argues here that state secrets form the subject matter of a lawsuit, and therefore require dismissal, any time a complaint contains allegations, the truth or falsity of which has been classified as secret by a government official. . . . This sweeping characterization of the “very subject matter” bar has no logical limit—it would apply equally to suits by U.S. citizens, not just foreign nationals; and to secret conduct committed on U.S. soil, not just abroad. According to the government’s theory, the Judiciary should effectively cordon off all secret government actions from judicial scrutiny, immunizing the CIA and its partners from the demands and limits of the law.
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