Run time: 05:48
https://www.youtube.com/watch?v=Q_gjKx81SLY
Posted on YouTube: September 10, 2010
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Posted on DU: September 10, 2010
By DU Member: Hissyspit
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MSNBC Countdown w/ KEITH OLBERMANN - 9 Sept. 2010. Bush administrations extraordinary rendition policy goes unchecked again. Justice Department invocation of states secret privilege gets case against company who helped CIA transport victims to secret sites abroad to be tortured thrown out of court.
TURLEY: States Secret doctrine born out of a demonstrable government lie. "The problem is that the entire privilege is based on a case called The United States v. Reynolds from 1953, and that case was built on a demonstrable lie; that, at the time, various families that were suing over a B-52 crash in Georgia said that the government was simply lying and hiding evidence by claiming national security. Well, in the year 2000, those documents were, in fact, unsealed and declassified, and the families were right. The government die lie. They did use national security for purely tactical reasons. But the privilege continued. So you had a privilege that was born in abuse and continues that form of abuse. And so what the Supreme Court will do is hard to say because they've avoided this issue for decades. They created what has become a corrosive and corrupting influence in our legal system."
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"This is more than a pass given to administrations, this is a veritible invitation... what they're saying here is that basically you have victims in plain view, but they are invisible to our legal system. It makes a mockery of our legal system, but it invites abuse. In this case, when we have Attorney General Holder saying 'Oh, we've made these careful efforts to make sure this isn't being overused...' All the countries cited in this claim of privilege, they've actually released documents. These countries have actually acknowledged their role.
The United States invoked privilege to shield this administration and the past administration from embarrassment, from the admission that they are concealing a torture program."OLBERMANN: "How would we know if this statement is true? 'We're pleased that the court recognized that the policy was used appropriately in this case,' meaning states secret policy. How would we ever know that?"
TURLEY: "Well, that's the problem. That they've created a system that defies judicial review. You had five of these judges that heard this evidence in closed session and decided that this was a mockery that it was actually despotism to make these arguments. What these cases often amount to is an act of collusion by courts. They tend to be very impressed by these secret sessions.
But if you look at the record, it's ridiculous, because the rendition programs are so public that some of the parties like Hayden, Cheney are out there talking about it. But when victims try to get simple judicial review, the courts say, oh, no we couldn't possibly give you relief or review because that would disclose national security secrets. You know,
if torture is a national security secret, it should be disclosed.