UNDERNEWS

Undernews is the online report of the Progressive Review, edited by Sam Smith, who covered Washington during all or part of one quarter of America's presidencies and edited alternative journals since 1964. The Review, which has been on the web since 1995, is now published from Freeport, Maine. See main page for full contents

November 1, 2009

OBAMA IGNORES CONSTITUTION AGAIN

ABC - The Obama administration invoked the controversial "state secrets" privilege again, 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."

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