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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:
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 of U.S. military aid given to the government of El Salvador each minute during the 1980s:
A team of European sexologists reported that 40 percent of Italian couples were not having sex, due in part to Italian men’s declining sex drive and growing predilection for prostitutes and cybersex.
Telecommunications company AT&T agreed to buy Time Warner for $85.4 billion in a bid to find new ways to reach consumers, and hackers took control of Internet-connected cameras and baby monitors to overwhelm the routing company Dyn with traffic, causing worldwide disruption to outlets such as Netflix and Amazon.
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"She never thanked me, never looked at me—melted away into the miserable night, in the strangest manner I ever saw. I have seen many strange things, but not one that has left a deeper impression on my memory than the dull impassive way in which that worn-out heap of misery took that piece of money, and was lost."