Late on Friday, the Department of Justice quietly filed an unclassified, heavily redacted version (see below) of its argument why a New York federal court should not dismiss the case of Ahmed Khalfan Ghailani, an accused conspirator in the 1998 bombings of the U.S. embassies in Kenya and More…
The government’s “state secrets” argument was back in full force yesterday, this time being made by the Justice Department before the Ninth Circuit Court of Appeals in San Francisco in the ongoing case against Jeppesen Dataplan, a Boeing subsidiary. Jeppesen is accused by five alleged victims More…
Justice Sonia Sotomayor, the high court’s newest addition, was given the honor of issuing the first ruling of the Supreme Court’s term yesterday. On its face, the case — about the right to appeal a judge’s order to disclose confidential attorney-client communications — doesn’t look very controversial, and More…
Following up on President Obama’s Transparency Memoranda signed on his first day in office, the White House today issued two new documents pledging openness: An “open government directive” instructing the heads of federal departments and agencies to take specific actions to open their operations to More…
The Supreme Court today threw out a ruling of the D.C. Circuit Court of Appeals that had ordered the government to disclose photographs of detainees being abused by U.S. officials. The ruling was widely expected, given that Congress had recently changed the Freedom of Information Act More…
This weekend’s news that inmates at the part of the prison at the U.S. Air Base in Bagram, Afghanistan, run by Special Operations forces had suffered abuse sounded eerily reminiscent of the charges we’ve heard from previous prisoners victimized by interrogators at Guantanamo Bay. Joshua Partlow and Julie Tate at More…
Anticipating that the debate over reauthorization of the USA PATRIOT Act will soon come to the Senate floor, Sens. Ron Wyden (D-Ore.) Russ Feingold (D-Wis.) and Richard Durbin (D-Ill.) on Tuesday asked Attorney General Eric Holder to declassify key information about how the law’s “business records provision” has More…
On October 30, the Justice Department for the first time applied its new “state secrets” policy to a case charging the government with breaking the law. Open government advocates hoping for a significant change in the government’s stance toward secrecy in national security cases were sorely disappointed. Attorney General Eric More…
Twenty-four-year-old Amir Meshal, the son of Muslim immigrants from Egypt, was a lifelong resident of New Jersey when, after living briefly in Cairo with extended family members, in 2006 he decided to go to Somalia to study Islam and experience living under Islamic law. The country appeared to have stabilized More…
As Marcy Wheeler and Glenn Greenwald both pointed out over the weekend, Eric Holder on Friday once again declared that a case charging government lawbreaking must be dismissed because to let it continue would reveal important “state secrets.” That’s despite the fact that Attorney General More…
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