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Tag(s): Arrest; Government; Policy; Secret Keeping; Security; State; Torture; Torture
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October 9, 2007 at 20:56:53

State Secrets Privilege

by Barbara Peterson Page 1 of 2 page(s)

www.opednews.com

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What is the State Secrets Privilege, and why should it concern us?

The State Secrets Privilege is otherwise known as the SOI, or Security of Information policy. It is “the authority by which government officials withhold from the public information that has been classified as sensitive and necessary to that nation’s national security.” (1)

Well, that’s what it is, but why should it concern us?

First christened by the Supreme Court in 1953 in United States v. Reynolds, the “state secrets” privilege originally allowed the government to shield specific pieces of evidence from discovery in the course of civil litigation. Once invoked by the head of a government agency, it serves as an absolute bar to judicial inquiry. (2)

When a government invokes the State Secrets Privilege in a court case, judicial inquiry is barred, and the case is summarily dismissed. The State Secrets Privilege allows the government to completely dismiss a case on the basis of “reasonable danger” that the U.S. government could be harmed by the revelation of certain “state secrets.” Concerned yet? Read on.

On May 13, 2006, Dana Priest of the Washington Post wrote:

Assistant U.S. Attorney R. Joseph Sher said yesterday in the U.S. District Court for the Eastern District of Virginia that the government cannot confirm or deny the allegations made by Khaled El-Masri, who sources have said was held by the CIA for five months in Afghanistan. His allegations, Sher contended, "clearly involve clandestine activity abroad." Therefore, he said, "there is no way that the case can go forward without causing the damage to the national security." (3)

Today it was revealed that the Fourth Circuit court has summarily dismissed the El-Masri case based on State Secrets Privilege:

In El-Masri, the Fourth Circuit held that “state secrets” had been properly invoked and required wholesale dismissal of El-Masri’s complaint before any evidence had been presented. Judge King starkly explained that the Court would sacrifice El-Masri’s “personal interest” for “the collective interest in national security.” (4)

Let’s get this straight.

Initially arrested in December 2003 in Macedonia, El-Masri alleges he was handed over to the CIA by Macedonian authorities and then imprisoned for almost five months in an American facility in Afghanistan known as the “Salt Pit.” While imprisoned, El-Masri represents, he was beaten and interrogated under circumstances that arguably rise to the level of torture. (5)

This is definite grounds for a lawsuit, and a rather big one. What happens? The case is dismissed. El-Masri’s “personal interest” is sacrificed for the “collective interest in national security,” and the whole matter is swept under the rug. This is chilling. Especially when you consider that the arrest was a mistake:

German Chancellor Angela Merkel indicated in December 2005 that she had discussed El-Masri’s case with Secretary of State Rice, and that Rice had acknowledged that El-Masri’s disappearance and prolonged detention had been a “mistake.” Indeed, German prosecutors credit El-Masri’s account sufficiently that they have sought indictments of thirteen CIA agents on criminal charges. (6)

Let me repeat that. Secretary of State Rice acknowledged that the arrest and detention was a mistake. When the man sues his detentioners for the “mistake,” the court rules that he cannot sue because state secrets might be revealed during the course of the investigation. In other words, the government can do what it wants to with whomever it wants to, invoke the State Secrets Privilege, and walk away with complete immunity. The victim of the “mistake” has his/her interests sacrificed for the good of the whole, and life goes on as if nothing happened. Can it get any clearer? F A S C I S M. It is here folks. We are next.

References:

1) http://www.sourcewatch.org/index.php?title=State_secrets_privilege

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Barbara H. Peterson is retired from the California Department of Corrections, where she worked as a Correctional Officer at Folsom Prison. She was one of the first females to work at the facility in this classification. After retirement, she went to college online to obtain a Bachelor's degree in Business, and graduated with honors. The most valuable thing she received from her time with UOP was a realization that her life's passion is writing. Now her business degree sits in her desk drawer, and she counts herself in the category of Writer/Activist. Someday she will make money writing, but that is not why she does it. "I do it because I must. A driving force compels me to reach out to others with what I learn about the condition we the people are in, and that is what I devote my time to. After all, time is the most precious thing we have, and the older I get the more I want to use it wisely." Barbara lives on a small ranch in Oregon with her husband, where they raise geese, chickens, Navajo Churro sheep, Oggie Dog, a variety of cats, and an opinionated Macaw named Rita. She believes that self-sufficiency and localization of food sources will be necessary to survive the coming depression. To this end, she has put up a website to share information at: http://survivingthemiddleclasscrash.wordpress.com. Her philosophy is this: You are on this earth for a reason - to fight for the light. Your words are swords that penetrate the darkness with truth and light. You have a purpose.

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4 comments

Author of "The Politics of Extraterrestrials...Connecting the Dots" ISBN 0-9765223-0-6
PatrickAuthor of "The Politics of Extraterrestrials...Connecting the Dots" ISBN 0-9765223-0-6

The Biggest State Secret of them all

The State Secrets Privilege allows the government to completely dismiss a case on the basis of “reasonable danger” that the U.S. government could be harmed by the revelation of certain “state secrets.”

Let’s get this straight.

The issues surrounding the presence of the High Level Powers-apparently Extraterrestrial in nature-provides more than a 'Reasonable Danger' to the nuclear war fighting State and it's State security apparatus. The presence of the "ET" provide proof positive, beyond a Reasonable doubt, to the point of a moral certainty; that the nuclear war fighting States of this planet, no longer exist.

The Extraterrestrials did not themselves end the State, rather, the Government, by giving the go ahead to build up a nuclear war fighting capability that was designed to exterminate the people of the State that they had sworn to protect, created a "Breach of Trust," between the people and their rulers.

Our nuclear war fighting elite have created a "Breach of Contract" between themnselves and the people who are supposed to be in their care, so severe, that they have demonstrated by there own actions that the superior of force, is force.

The force of awakened and aroused people, are superior to the force of fraud. Our nuclear war fighting elite are quite aware that once the people understand the truth, they and their nuclear war fighting machine, are finished for good.

The long held and well kept State secrets concerning the presence of the High Level Powers provides more than a "Reasonable Danger" to the State. It provides proof positive; that the State no longer exists.

by Patrick (0 articles, 0 quicklinks, 0 diaries, 401 comments) on Wednesday, October 10, 2007 at 1:19:40 PM

A well traveled and slightly worse for wear 72 year old Englishman; widower, several children and grandchildren and a penchant for wondering 'what is the hidden agenda' in almost everything I read. A keen interest in American culture (an oxymoron?) (JOKE!) and politics and an international world view, except where I haven't got first hand experience of the parts of the world I have not visited. Editor of some books about the Qur'an and Islam. Teacher of English in little known countries like Mau...

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ibrahim turnerA well traveled and slightly worse for wear 72 year old Englishman; widower, several children and grandchildren and a penchant for wondering 'what is the hidden agenda' in almost everything I read. A keen interest in American culture (an oxymoron?) (JOKE!) and politics and an international world view, except where I haven't got first hand experience of the parts of the world I have not visited. Editor of some books about the Qur'an and Islam. Teacher of English in little known countries like Mau...

to see more of bio, click on member name

article

Patrick; I have read a few 'comments' now about the elite powers you write about. It is time to put it all into an article.

I am not against your thesis. In the 70's, a Sufi sheikh told me that the cold war would not end in a nuclear anihliation, and he was right. There has been other teachers I have had the fortune to know, that have said other things about the future, which is now. I am overwhelmed by all the potential destruction that is all around us, which seems to reveal itself daily, as if mocking our attempts to live a useful and honorable life.

I do not wear a tinfoil hat.

by ibrahim turner (25 articles, 31 quicklinks, 5 diaries, 176 comments) on Wednesday, October 10, 2007 at 2:39:00 PM

10 year Navy veteran,former Federal employee with various agencies,
Gallaher10 year Navy veteran,former Federal employee with various agencies,

Some thing you may have also missed.

You mention here a civil case.

The same applies for a defense against a criminal charge. I personally know of a federal prisoner that could not present evidence in court that he was innocent of his charges and that your government asked and paid him to do what they claimed was a crime under this same States Secrets Privilege.

Just think they can lock you up tomorrow and claim it is a State Secret.

Don't think it can't happen here in the U.S.? I've seen it and because it was a "secret" few will ever know about it.

by Gallaher (2 articles, 0 quicklinks, 2 diaries, 608 comments) on Wednesday, October 10, 2007 at 5:19:50 PM