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More important evidence of judicial backbone this afternoon. In response to a motion by the ACLU challenging the Bush Administration’s insistence on keeping all dealings surrounding the FISA Court in secret, including its orders, the Court has entered an order directing the Bush Administration to explain its abnormal demands for secrecy.
Only 48 hours ago, a panel of judges of the Ninth Circuit subjected a Justice Department lawyer arguing similarly absurd secrecy claims to questioning which was tantamount to public ridicule.
The FISA Court’s order seems to rest on an equally skeptical attitude towards the government’s melodramatic and very improbable secrecy claims.
In an unprecedented order, the Foreign Intelligence Surveillance Court (FISC) has required the U.S. government to respond to a request it received last week by the American Civil Liberties Union for orders and legal papers discussing the scope of the government’s authority to engage in the secret wiretapping of Americans. According to the FISC’s order, the ACLU’s request “warrants further briefing,” and the government must respond to it by August 31. The court has said that any reply by the ACLU must be filed by September 14.
“Disclosure of these court orders and legal papers is essential to the ongoing debate about government surveillance,” said Anthony D. Romero, Executive Director of the ACLU. “We desperately need greater transparency and public scrutiny. We’re extremely encouraged by today’s development because it means that, at long last, the government will be required to defend its contention that the orders should not be released.”
When national security is at stake, the government may have completely legitimate secrecy concerns. However, the Gonzales Justice Department’s track record shows that this is very rarely the case. When matters finally bubble to the surface, as we witnessed recently with the drive for FISA amendments, the Bush Administration’s secrecy demands usually turn out to have been driven by a blatantly political calculus—the desire to avoid being embarrassed in public debate, or even to avoid exposing its unlawful conduct, which the court has flagged and attempted to stop.
More from Scott Horton:
No Comment — November 4, 2013, 5:17 pm
An expert panel concludes that the Pentagon and the CIA ordered physicians to violate the Hippocratic Oath
No Comment — August 12, 2013, 7:55 am
How will the Obama Administration handle Edward Snowden’s case in the long term?
No Comment — July 29, 2013, 11:36 am
Is it possible to simply disband the partisan FISA court?
Fleming awoke in the dark and his room felt loose, sloshing so badly he gripped the bed. From his window there was nothing but a hallway, and if he craned his neck, a blown lightbulb swung into view. The room pitched up and down and for a moment he thought he might be sick. The word “hallway” must have a nautical name. Why didn’t they supply a glossary for this cruise? Probably they had, in the welcome packet he’d failed to read. A glossary. A history of the boat, which would be referred to as a ship. Sunny biographies of the captain and crew, who had always dreamed of this life. Lobotomized histories of the islands they’d visit. Who else had sailed this way. Famous suckwads from the past, slicing through this very water on wooden longships.
A welcome packet, the literary genre most likely to succeed in the new millennium. Why not read about a community you don’t belong to, that doesn’t actually exist, a captain and crew who are, in reality, if that isn’t too much of a downer on your vacation, as indifferent to one another as any set of co-employees at an office or bank? Read doctored personal statements from underpaid crew members — because ocean life pays better than money! — who hate their lives but have been forced to buy into the mythology of working on a boat, separated now from loved ones and friends, growing lonelier by the second, even while they wait on you and follow your every order.
Rank of Detroit among major U.S. cities whose residents give the largest portion of their income to charity:
A South Dakota researcher concluded that only scant blood spatter results when chain saws are used to dismember pigs.
Four people were arrested for using a remote-controlled hexacopter to fly two pounds of tobacco to prisoners inside the yard at Calhoun State Prison in Georgia.
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Our congratulations to Alice Munro, winner of the 2013 Nobel Prize for Literature