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Feingold: "I Am Troubled" By Obama's State Secrets Claim
Add the name of Sen. Russ Feingold (D-WI) to the growing list of observers who are deeply concerned by the Obama administration's invocation of the state secrets privilege in the Jewel v. NSA case.
Statement of Sen. Russ Feingold on the Obama DOJ's brief in Jewel:I am troubled that once again the Obama administration has decided to invoke the state secrets privilege in a case challenging the previous administration's alleged misconduct. The Obama administration's action, on top of Congress's mistaken decision last year to give immunity to the telecommunications companies that allegedly participated in the warrantless wiretapping program, will make it even harder for courts to rule on the legality of that program. In February, I asked for a classified briefing so that I can understand the reasons for the Department's decision to invoke the privilege in another case, and I intend to seek information on this new case as well. I also encourage the greatest possible public accounting of the use of the state secrets privilege and welcome the Attorney General's statement that he hopes to share his review with the American people.
Beyond the particular case at issue here, it is clear that there is an urgent need for legislation to give better guidance to the courts on how to handle assertions of the state secrets privilege. The American people must be able to have confidence that the privilege is not being used to shield government misconduct. That is why I am working with Senators Leahy, Specter, and others to pass the State Secrets Protection Act as soon as possible.
Josh
Zachary
Feingold has legislation in the hopper to repudiate the "state secrets privilege" once and for all. Given the authoritarian makeup of the Supreme Court, it's the only way that we can hope to undo this travesty of legal precedent.
We need to make sure that our Senators and Congresspersons know that this is important to us.
April 10, 2009 12:01 PM | Reply | Permalink
Additionally, please note I will certainly be available as best as possible to further discuss these matters with President Obama and/or his designees and I presume I will be allowed to request to be accomodated and accompanied to be with several individuals from these prominent organizations as they are and have formidable expertise within these specific areas of concern and therefore would presumably also be of great and valuable assistance to the expedient well known resolves and solutions within these concerns.
Thank you for your time and consideration.
Dear Readers,
Please, is someone available to get through to US President Obama, US AG Holder and others in the Executive, Judicial and Legislative Branches of our 'We the People' US Government to also remind him of his and their written promise to our US Constitution, False Claims Act, FISA Courts, prevention of Illegal Signing statements, Illegal Wiretaps, prevention of Torture, Illegal rendition, legal//Illegal Secrecy, and to the complete abolishment of the enactment of the death penalty ecetra and to his and their promise to Whistleblowers and his and their written promise to support the 'FEDERAL EMPLOYEE WHISTLEBLOWER PROTECTION RESTORATION ENHANCEMENT ACT (that he has already allowed to be voted out of the current so-called Stimilus Bill and with a seemingly illegal Signing Statement).
(Also, please note and remember California AG Garcetti who properly did his job and was retaliated upon and lost his case in our US Supreme Court).
Again, please note that it is not my intent to offend anyone and I hope TPM will allow me to apply any corrections, modifications, clarifications and/or retractions as necessary.
Thank you and all for your time and consideration.
Sincerely,
Tpmreader
Also, aside from the prospective that it is seemingly and absolutely required and mandated within our US Constitution and that these concerns must have and are explicitly entitled to full and complete Legislative and Judicial Review.
In my view and as would also be concurred by a reasonable person these concerns have been thoroughly reviewed and upheld from prominent Whistleblower Organizations, especially including the Government Accountability Project, the National Whistleblower Center, presumably the Project on Government Oversight and hundreds of (written) supporting Organizations (and with written letters to President Obama and all leaders of our US Executive, Legislative Branches and as applicable Judicial Branches of our US Government) and thoroughly discussed and reviewed with our US legislatures and Judicial Officials and successfully and unanimously upheld, and with the overwhelming unanimous and yearly for the recent decade alone, of the continuing veto proof approval of the 'FEDERAL EMPLOYEE WHISTLEBLOWER PROTECTION RESTORATION ENHANCEMENT ACT' FROM of our US legislatures and the sworn written promise of then Presidential Candidate Obama whom has since as President Obama has stripped the 'FEDERAL EMPLOYEE WHISTLEBLOWER PROTECTION RESTORATION ENHANCEMENT ACT' from the recent Stimulus Bill and has since seemingly applied and Illegal Signing Statement.
I hope I have provided an initial answer and concern to your question and to the concerns as mentioned within this TPM Article and the TPM blog comment replies.
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Although possibly expressed too ambiguously and brief, to my comprehension and I presume, where proper and forthrightly applicable, reasonable persons have concurred (and/or with valid and/or substantial and/or expression of concern) and seemingly within public knowledge is that I briefly mention that the FISA Courts have been in existence for some time (and where properly and forthrightly with appropriate safeguards!!) have seemingly successfully provided to a relevant extent seemingly all and/or many and/or most all of the necessary assurances and concerns to successfully accomodate these and/or many of these concerns.
Posted by tpmreader
April 10, 2009 12:06 PM | Reply | Permalink
What the hell was that?
April 10, 2009 12:20 PM | Reply | Permalink
Is this of assistance to your seemingly overtly obvious frustration.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
April 10, 2009 12:40 PM | Reply | Permalink
man, a thesaurus can be a dangerous thing in the wrong hands. "seemingly overtly obvious." that's the funniest three-word series i'll read all weekend -- are you george w. bush?
www.savethewords.org
April 10, 2009 8:14 PM | Reply | Permalink
We chose security over freedom and we will see how it will ripple through our way of life for the next 200 years. It's basically settled; just some of the declassified legal opinions claim that the President not only has the right to break statutory law but also suspend the Constitution itself and now, as long as any act by the government has a 1% national security component, a court will never hear it. Wouldn't it be scary it the domestic surveillance program was a multipurpose program that allowed FBI informants to be directed by the FBI or CIA? These informants could get you fired, ruin a relationship, even make you look a little classified crazy and all under very flakey and razor thin investigate pretences ( it seems like every national security case has some sort of underlying mental pretence that holds it together and the ones that never made any sense and never go to court simply remain state secrets). Unfortunately that is what ’threat neutralization” is as loosely described the FBI Director under oath. All it would take is the legal threshold of reasonable suspicion which is 1% and this process can target any citizen for any reason while our intelligence professionals hide behind the repressions they are creating -and they have piled up like a pile of crap under W. Well now it's time to make it sound silly cause we are getting the pathetic and sloppy performance we deserve so lets see were we go from here. And for all you people afraid of a terrorist, you are more likely to die from a Krispie Cream or a car accident so quit hiding behind other people’s tragedy (especially the most preventable terrorist attack in modern history) The rest of the free world will be very proud not having to deny what they never knew existed -what we claim as essential -as the only thing they ensured was the rights and a higher standard of living for every citizen while we cling to the most pathetic and slippery platform there is-security.
April 14, 2009 11:47 PM | Reply | Permalink