(Guardian UK) Officials use little-known 'military and state secrets privilege'
as civil liberties lawyers try to hold administration to account
The Obama administration is invoking an obscure legal privilege to avoid
judicial scrutiny of its secret collection of the communications of potentially
millions of Americans.
Civil liberties lawyers trying to hold the administration to account through the
courts for its surveillance of phone calls and emails of American citizens have
been repeatedly stymied by the government's recourse to the "military and state
secrets privilege". The precedent, rarely used but devastating in its legal
impact, allows the government to claim that it cannot be submitted to judicial
oversight because to do so it would have to compromise national security.
The government has cited the privilege in two active lawsuits being heard by a
federal court in the northern district of California – Virginia v Barack Obama
et al, and Carolyn Jewel v the National Security Agency. In both cases, the
Obama administration has called for the cases to be dismissed on the grounds
that the government's secret activities must remain secret.
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Of course, if the people knew all the illegal things this illegal potus & his outlaw departments are doing they would probably rise up & throw him out.
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