Gov't refuses to release secret documents

[kpete]

Source: Salon

Gov't refuses to release secret documents
By JIM ABRAMS Associated Press Writer

May 30th, 2009 | WASHINGTON -- The Obama administration insists it has no obligation to provide access to a top secret document in a wiretapping case, setting up a showdown next week with the judge who ordered it released.

Justice Department lawyers, in a response Friday with the U.S. District Court in San Francisco, also argued that Judge Vaughn Walker had no cause to penalize the government over its refusal to turn over the document.

Walker on May 22 threatened to punish the administration for withholding the document, which he ordered given to lawyers suing the government over its warrantless wiretapping program.

The judge has ordered department lawyers to appear before his court Wednesday to make the case why he should not award damages to the now-defunct Oregon chapter of the Al-Haramain Islamic Foundation. That group is challenging the wiretapping program.

Read more: http://www.salon.com/wires/ap/2009/05/30/D98GLTC00_us_warrantless_wiretapping/index.html

[villager]

1. And the "change we can believe in" is coming... when?

n/t

[dipsydoodle]

2. When pigs can fly

or pig flu :shrug:

[No Elephants]

11. GOOD question!

[DissedByBush]

26. The government will now lose the case

The judge cannot force the administration to turn over the documents.

The court can then allow the jury to infer that what was in the documents was most damning to the government's defense. This is the standard practice when one side destroys evidence so I guess it is what would happen here.

[dipsydoodle]

3. Welcome once more folks

to Animal Farm.

[Mari333]

4. oh yes, transparency

another big FAIL.

[Downwinder]

6. Does the Court have any enforcement power?

What department are the U.S. Marshals under now?

[Mari333]

21. I would like to think so

I would like to think that the court can force them to release the documents or face arrest..in my perfect world..

[Solly Mack]

5. K&R

[Stinky The Clown]

7. My watch must be running slow ....... It says 2006 ......

:tap: :tap: :tap:

[Downwinder]

10. Must be the millennium bug.

[snowdays]

15. its stuck because the WH is

stuck in the Bush Era on so many matters.

[pleah]

8. K&R

[Wizard777]

9. They can't un-ring the bell or put the cat back in the bag. It's no longer a secret.

[No Elephants]

12. Constitutional law professor at the University of Chicago. Boy, did I fall for that one. Wonder

how many conservative lawyers he sent out into the world in his 12 years at UChi.

[snowdays]

16. That mantra

gets real old real fast IMHO

[Downwinder]

13. Is there a pool on who will get disbanded first?

The Courts or The Congress.

[Luminous Animal]

14. K&R

[chill_wind]

17. It's not been going real well for the DOJ lawyers in Judge Walker's Court. NEXT Wednesday

is the date to watch.

Much more here at Marcy Wheeler's site from yesterday:

(...)

The entire filing by al-Haramain is very much worth reading, both for the law cited therein, but more importantly the way their attorney has phrased the argument. If pushed they want the liability finding, but they are trying awful hard to give Judge Walker their blessing to find the desire and way to go further than simple liability and damages.

The government's filing, however, is another matter. It was not available at the time of this post, but I will update as soon as it is available. They were asked why they shouldn't be sanctioned for putting forth belligerent and repetitive arguments already declined by the court and they, in response, will undoubtedly put forth belligerent and repetitive arguments already declined by the court. I guess this should not be shocking considering the government's track record here but, still, it is a little brazen. It is not so much that they stick to their guns, as the cavalier attitude with which they do so. It is not particularly attractive, and it is quite clear Vaughn Walker doesn't think so either.

Oh yeah, and if all this were not enough fun already, Judge Walker is reeling in the government's dog and pony show with an ever shorter leash. The parties have been ordered to appear a scant five days from today in his courtroom for a hearing on these matters. I can personally tell you that such a quick setting in Federal District Court on a civil case is somewhere well in excess of light speed. Vaughn Walker is on a mission. Next Wednesday is going to be very interesting.

UPDATE: I promised an update when the government pleading hit the docket, and it has been filed. Above I opined the government would likely show up with the same repetitive arguments already declined by the court, and they did not disappoint.

(...)

see http://emptywheel.firedoglake.com/2009/05/29/decision-day-on-al-haramain/#more-4208

(bold and italics emphasis mine)

[PSPS]

18. U-bama

[pinto]

19. Joint (conference) submission in response to the court -

Judge Walker ordered, on April 17, the two sides to meet. Apparently they did, and issued this lengthy, extremely legalistic (of course) response. It lays out both sides cases' as far as the release of classified information, which is the point of contention. Interesting, if tough, reading.

JOINT SUBMISSION IN RESPONSE
TO COURT’S APRIL 17, 2009 ORDER


http://www.eff.org/files/filenode/att/jointresponsealharamain51509.pdf

Other documents and news related to the legal battle are here -

http://www.eff.org/cases/al-haramain

(Electronic Frontier Foundation)

[madrchsod]

20. the hits just keep on coming.....

at least one judge has the guts to stand up to the thugs in the justice dept.

[Name removed]

22. Deleted message

Message removed by moderator. Click here to review the message board rules.

[mvd]

23. I saw before on DU where Holder said he'd start cleaning house of Bush lawyers

Maybe that will help?

[mvd]

24. Or..

as a poster on the Huffington Post put it, perhaps Obama wants to establish legal precedect through court ruling that will make it harder for any future adminstrations to do what Bush did. If not, I would criticize Obama - but this argument seems plausible.

[earcandle]

27. do we share the same icon, mvd? record?

[earcandle]

28. oh oh,,, how to fix that?

[mvd]

30. Doesn't need to be fixed.. people can have the same avatars

:-)

[Zhade]

25. Um, THE JUDGE ORDERED YOU, OBAMA. You don't get to ignore the law.

That's what the previous guy did, remember?

Never voting for this liar again.

[ChiciB1]

29. Gotcha!!! The PREVIOUS Guy!! Now WHO Was He & WHAT Did He AND

his cohorts do to this country and "we the people????"

I fight myself every time I see MORE & MORE of the STUFF, and say.... SHHHHHH, don't say anything, it's NOT really happening!

BUT IT IS!! And I worked SO SO hard to get him elected, bought LOADS of his stuff, and NOW... well at least my kids can have the memorabilia of electing the FIRST BLACK PRESIDENT! Other than that, well I JUST DON'T know anymore!!

I'm so very very depressed and disappointed! Okay, now all of you out there, tell me AGAIN... he's ONLY been in office for 5 months! Each month (or week) seems to bring a NEW SURPRISE, and NOT one that I find very comforting! At this rate, 5 months from now I can't even IMAGINE what will be going on!

JMHO!!! Why I say that I don't know anymore... I KNOW I'm going to get jumped on and called names, but I don't care much anymore! I'm outta here!

[ohio2007]

31. Justice Dept. ( Obama ) Backs Saudi Royal Family on 9/11 ( to drop lawsuits against 'the family' )

interesting article....but why would he do this?

Justice Dept. Backs Saudi Royal Family on 9/11

WASHINGTON — The Obama administration is supporting efforts by the Saudi royal family to defeat a long-running lawsuit seeking to hold it liable for the Sept. 11, 2001, attacks. The Justice Department, in a brief filed Friday before the Supreme Court, said it did not believe the Saudis could be sued in American court over accusations brought by families of the Sept. 11 victims that the royal family had helped finance Al Qaeda. The department said it saw no need for the court to review lower court rulings that found in the Saudis’ favor in throwing out the lawsuit.
The government’s position comes less than a week before President Obama is scheduled to meet in Saudi Arabia with King Abdullah as part of a trip to the Middle East and Europe intended to reach out to the Muslim world.


snip
....members of several Sept. 11 victims said they were deeply disappointed and questioned whether the decision was made to appease an important ally in the Middle East. The Saudis have aggressively lobbied both the Bush and Obama administrations to have the lawsuit dismissed, government officials say.

“I find this reprehensible,” said Kristen Breitweiser, a leader of the Sept. 11 families, whose husband was killed in the attacks on the World Trade Center. “One would have hoped that the Obama administration would have taken a different stance than the Bush administration, and you wonder what message this sends to victims of terrorism around the world.”

snip

http://www.nytimes.com/2009/05/30/us/politics/30families.html?_r=1&ref=global-home

Wonder if Barack will allow a first date photo op walking with the king ?

http://www.youtube.com/watch?v=oUGRZnhZyCM

[ohio2007]

32. The Obama administration has informed a federal judge it will continue to invoke the "state secrets"

U.S. vows to keep using 'state secrets' defense
WASHINGTON (CNN) -- The Obama administration has informed a federal judge it will continue to invoke the "state secrets" privilege in a legal battle with an Islamic charity suspected of funding terrorism.The United States has designated the Oregon-based al-Haramain Islamic Foundation as a terrorist organization. The group, which has sued the government over alleged warrantless wiretapping, is demanding classified information about the program.

U.S. officials have refused to tell the charity's lawyers whether the group was subjected to presidentially authorized, warrantless, foreign intelligence surveillance in 2004 and, if so, what information was obtained.


snip

http://www.cnn.com/2009/US/05/30/court.state.secrets/index.html

"the truth" usually is released after being locked up for 50 years.

Gotta chill until then to find out what Barack knows and deems it kept secret. Bet it's something that involves a lot of people everywhere.