Column: In Orange County case, the U.S. is hiding behind claims of ‘state secrets’ (via latimesopinion)
, who was held in Syria and tortured, ever got his day in court, because the government got the cases thrown out on state secrets grounds.
In the Orange County case — known as FBI vs. Fazaga — Atty. Gen. Eric H. Holder Jr. filed a declaration back in 2011 saying that in order to defend itself, the government would have to disclose the identities of the subjects of the investigation, the reason for its existence and some of the sources and methods used. Doing so would cause “significant harm” to national security, he said.
“Our position has always been that the state secrets privilege has to have limits because otherwise it works as a blank check for government abuse,” said Ahilan Arulanantham, the UCLA law professor who is the lead lawyer in the case.It appears that the government has been using the privilege less frequently in recent years than at the height of the war on terror. But restrictions from the court or Congress are still necessary.
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