The Justice Department’s On-Going ‘State Secrets’ Charade
Scott Horton - Dec 2, 2007 -
http://www.harpers.org/archive/2007/12/hbc-90001814When is information a “state secret” and thus completely exempt from disclosure in legal process, even if its exclusion will produce a manifest injustice? In previous episodes, we have gotten an array of different answers. For instance, we learned that when the Government engages in criminal violations of the FISA statute conspiring with telecommunications companies in the process, with the result that the communications of American citizens are subject to unlawful warrantless surveillance—this is a “state secret.” And likewise, when the Government picks up an innocent man, wrongfully confines him and deprives him of access to counsel and due process, then transports him overseas for the purposes of having him tortured—again a series of criminal acts—this is also a “state secret.” And today we get yet a further installment in what the Bush Justice Department considers to be a “state secret.” It appears that when a convicted felon at the heart of what Norm Ornstein and Thomas Mann have labeled the “biggest corruption scandal in American history” pays hundreds of visits to the White House, meeting with the President, the Vice President, and the President’s senior political advisor, and potentially involving them directly or indirectly in his criminal schemes, this, too, is a “state secret” and thus cannot be divulged.
I think we’re detecting a pattern here. “State secrets” it seems has nothing to do with signals intelligence, military planning or armaments—the things traditionally associated with state secrets. No, when the Bush Justice Department uses the term, it means something else: it refers to information which, if disclosed, would be politically embarrassing to the Republican Party, and as to which no other privilege is available. The “state secrets” privilege has literally emerged as the Bush Administration’s new get-out-of-jail-free card.
The AP’s Pete Yost reports:
The Bush Administration is laying out a new secrecy defense in an effort to end a court battle about the White House visits of now-imprisoned lobbyist Jack Abramoff. (Secrecy Invoked on Abramoff Lawsuits -
http://ap.google.com/article/ALeqM5jqNPqvQT05DQyiW1KlCSU0XQpPBgD8T8SKGG0)
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White House responses to inquiries up to this point have furnished specific evidence of intentional evasion–what in other circumstances (as for instance when it is enforcing rather than subverting the law) the Justice Department would call “obstruction of justice.” For instance, Vice President Cheney gave specific guidance to the Secret Service to destroy records of visits to his office and to stop the practice of recording future visits. President Bush made a number of statements refusing to give a specific account of his meetings with Abramoff, which reportedly have been frequent.
.... MUST READ .... FROM: President Bush and Jack Abramoff meetings " reportedly have been frequent"
Dec-02-07
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x2392986-----------------
Press Conference of the President "There's a serious investigation that's going on."
James S. Brady Briefing Room
Play Video (Real)
Jan. 26, 2006 - 10:15 A.M. EST -
http://www.whitehouse.gov/news/releases/2006/01/20060126.htmlTHE PRESIDENT: Sorry to interrupt. (Laughter.) Thank you all very much. I look forward to answering some of your questions here in a minute. I'm also looking forward to going up to Capitol Hill next Tuesday to give my State of the Union address. I thought it probably best not to practice my speech in front of you here, so you'll pay attention to it when I deliver it. But I do want to give you some thoughts about what I'm thinking about.
President George W. Bush smiles as he listens to reporter's question Thursday, Jan. 26, 2006, during a press conference at the White House that covered several topics including economy, the upcoming election year and fiscal policy.
White House photo by Kimberlee Hewitt
![](http://www.whitehouse.gov/news/releases/2006/01/images/20060126_p012606kh-0268jpg-250h.jpg)
First, I recognize we live in a momentous time. For those of you watching, we seem to have a mechanical flaw.
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Q What do you hear or your staff hear about releasing of photographs of Jack Abramoff with you, Mr. President? If you say you don't fear anything, tell us why you won't release them?
THE PRESIDENT: She's asking about a person who admitted to wrongdoing and who needs to be prosecuted for that. There is a serious investigation going on, as there should be. The American people have got to have confidence in the -- in the ethics of all branches of government. You're asking about pictures -- I had my picture taken with him, evidently. I've had my picture taken with a lot of people. Having my picture taken with someone doesn't mean that I'm a friend with them or know them very well. I've had my picture taken with you -- (laughter) -- at holiday parties.
My point is, I mean, there's thousands of people that come through and get their pictures taken. I'm also mindful that we live in a world in which those pictures will be used for pure political purposes, and they're not relevant to the investigation.
Q Do you know how many?
THE PRESIDENT: I don't have any idea.
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Q Mr. President, you talked about Jack Abramoff in the context of pictures, but it may not necessarily just be about pictures. He also had some meetings with some of your staff. So you remember, you ran on the idea of restoring honesty and integrity to the White House. So why are you letting your critics perhaps attack you and paint you with maybe a guilt by association? Why not just throw open your books and say, look, here is --
THE PRESIDENT: There is a serious investigation going on by federal prosecutors, and that's their job. And they will -- if they believe something was done inappropriately in the White House, they'll come and look, and they're welcome to do so. There's a serious investigation that's going on.
Q But, sir, don't you want to tell the American people look, as I promised, this White House isn't for sale and I'm not for sale?
THE PRESIDENT: It's hard for me to say I didn't have pictures with the guy when I did. But I have also had pictures with thousands and thousands of people. I mean, people -- it's part of the job of the President to shake hands and -- with people and smile. (Laughter.) And I do. And the man contributed to my campaigns, but he contributed, either directly or through his clients, to a lot of people in Washington. And this needs to be cleared up so the people have confidence in the system.
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Q Can I ask you again, why won't you release the photos of yourself with Jack Abramoff?
THE PRESIDENT: I just answered the question.
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Q Sir, back on lobbying. Never mind about the photographs, but can you say whether --
THE PRESIDENT: It's easy for a radio guy to say. (Laughter.)
Q Can you say, sir, whether you were lobbied by Jack Abramoff or other lobbyists, and what your policy is about lobbyists meeting with senior staff?
THE PRESIDENT: You know, I, frankly, don't even remember having my picture taken with the guy. I don't know him. And this investigation will -- needs to look into all aspects of his influence on Capitol Hill, and if there's some in the White House, I'm sure they're going to come and knock on the door. But I -- I can't say I didn't ever meet him, but I meet a lot of people. And evidently, he was just like you were the other day, at a holiday party -- came in, put -- the grip-and-grin, they click the picture and off he goes. And that's just -- I take thousands of -- I mean, somebody told me I maybe take over 9,000 pictures this holiday season. And he obviously went to fundraisers, but I've never sat down with him and had a discussion with the guy.
Q Do you meet with lobbyists?
THE PRESIDENT: I try not to. Have I ever met with one? Never having met with one is a -- if I ever say that, sure enough, you'll go find somebody. But, no, I don't have them come in.
Now, when, for example, people are helping on issues -- like on promoting trade -- you bet, we bring them in and I say, thank you for promoting CAFTA; or, thanks for working on the vote; or, thanks for helping on tax relief. That may be -- if you consider that a meeting, the answer is, yes, I'm sure I have, in a roomful of people as we either thank people for success in policy or thank people for going out of their way to get a piece of legislation passed on the Hill.
Listen, thank you all very much. Looking forward to Tuesday evening -- I hope you are, as well. Thank you.
http://images.dailykos.com.nyud.net:8080/images/user/1237/Abramoff.jpg