Jeffrey Sterling is filing discrimination lawsuits that have been similarly gagged with "states secret" act provisions much like Sibel Edmonds has been. Here's a new news story today on how another court has continued muzzling he and his lawyers as well. They are looking to take their case to the supreme court as Sibel is. Notice at the bottom that they state that Sibel filed her paperwork for her Supreme Court Appeal yesterday. I'm expecting a more formal announcement from Sibel later today on her appeal as well.
From:
http://news.baou.com/main.php?action=recent&rid=20390Fourth Circuit Court Of Appeals Affirms Dismissal Of Former African American CIA Case Officer’s Lawsuit
National Security Concerns Sway Court To Nullify EEO Protections
by OfficialWire NewsDesk
RICHMOND, VA & WASHINGTON, D.C. -- (OfficialWire) -- 08/04/05 -- The Fourth Circuit Court of Appeals yesterday affirmed the dismissal of Jeffrey Sterling’s discrimination lawsuit against the Central Intelligence Agency ("CIA") based on the Government’s invocation of the state secrets privilege. Sterling had served as an Operations Officer with the CIA in its Near East and South Asia Division from 1993-2001. In light of then DCI George Tenet’s request for dismissal on national security grounds, the Fourth Circuit reaffirmed a now widely held position that courts "are neither authorized nor qualified to inquire further" and examine the veracity of the reasons set forth in a Department head’s declaration. This decision reflects an increasing trend of federal courts to give the Executive Branch carte blanche when it comes to national security civil cases, and sends a message to individuals working within the intelligence community that they surrender significant inherent legal rights due to their employment.
Sterling had claimed, among other things, that he was told he was "too big and black" to receive certain CIA assignments, and that CIA management placed expectations on him "far above those required of non-African-American Operations Officers." He also contended he was even retaliated against for utilizing the CIA’s internal equal employment opportunity process. However, the Fourth Circuit noted that "There is no way for Sterling to prove employment discrimination without exposing at least some classified details of the covert employment that gives context to his claim."
"This decision reflects yet another example of the disturbingly increasing trend of the Judiciary’s abdication of its responsibility or simple unwillingness to challenge broad national security assertions invoked by the Executive Branch in civil litigation," said Mark S. Zaid, Sterling’s attorney and the Managing Partner of the Washington, D.C. firm of Krieger & Zaid, PLLC. "It is regrettably patently obvious given the decision that little can be done through the Judiciary to prevent the CIA from committing acts of racial discrimination with impunity," added Zaid, who routinely handles cases involving national security matters.
...
The State Secrets privilege, which used to be a rarely invoked privilege created by the Supreme Court fifty years ago, is now an increasingly utilized tool by the Executive Branch to obtain the dismissal of civil cases that primarily alleged unlawful conduct by federal agencies.
Zaid is also involved in representing Sibel Edmonds, a former FBI contract employee turned whistleblower, whose civil case against the Government was similarly dismissed due to the state secrets privilege. Her Petition for Certiorari to the Supreme Court was coincidently filed yesterday.
Printer-friendly format
Email this thread to a friend
Bookmark this thread
(1000+ posts)
Send PM |
Profile |
Ignore
