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Congratulations to the editors of Newday, who have seen through the con artistry played by the Gonzales Justice Department, with remarkable success so far, on the American judiciary. In an editorial yesterday, here’s how they sum it up:
The administration has various rationales to bar the courthouse door. Last month a federal appeals court dismissed a suit by lawyers and journalists, saying they lacked standing to sue because they couldn’t show they’d been harmed. The reason? They couldn’t prove their calls had been monitored. Only the National Security Agency knows for sure, and it won’t say, insisting that coming clean would compromise national security.
In two other cases, argued Wednesday, the administration took a slightly different tack. It asserted a state secrets privilege, insisting that the suits must be dismissed because continuing them would reveal details of secret surveillance, and that would harm national security. In one of those suits, AT&T customers claim the government was improperly given access to their phone records. In the other, a Muslim charity says classified documents, mistakenly handed over by the government, prove their calls were monitored.
So here’s a summary of the artful dodge: If the government won’t confirm it monitored your calls, the case has to be dismissed. If you can prove you were targeted, the government can withhold evidence and the case has to be dismissed. If you already have the evidence you need, the government can bar its use and the case has to be dismissed. The administration shouldn’t be allowed to duck accountability for what could be ongoing violations of the rights of millions of Americans.
Right now the country needs a judiciary with a healthy respect for the Constitution and the limited powers theory of governance that our Founding Fathers left us and some healthy skepticism for the Bush Administration’s claims of secrecy surrounding its every maneuver—and particularly those which skirt the law. The administration tells us “trust us” and “the king can do no wrong.” Tom Paine, Thomas Jefferson, Ben Franklin, James Madison… and even Alexander Hamilton had a very forceful kind of response to that sort of argument. Let’s not forget it.
More from Scott Horton:
Conversation — August 5, 2016, 12:08 pm
Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln
Conversation — March 30, 2016, 3:44 pm
Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.
Years ago, I lived in Montana, a land of purple sunsets, clear streams, and snowflakes the size of silver dollars drifting through the cold air. There were no speed limits and you could legally drive drunk. My small apartment in Missoula had little privacy. In order to write, I rented an off-season fishing cabin on Rock Creek, a one-room place with a bed and a bureau. I lacked the budget for a desk. My idea was to remove a sliding door from a closet in my apartment and place it over a couple of hastily cobbled-together sawhorses.
Amount the inventor of the yellow “smiley face” had received for it by the time of his death in April:
An astrophysicist observed that the early universe looked like vegetable soup.
In North Korea, a missile capable of striking U.S. bases overseas blew up immediately after a test launch, and in North Carolina, a G.O.P. headquarters was firebombed.
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“Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'”